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The Concept of Modern Law

Polish and Central European Tradition

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Edited By Michał Peno and Konrad Burdziak

This book contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state and legal theories. The context exceeds beyond a simple report on or presentation of this oeuvre and, in many cases, it only refers to it.

The primary aim of this book is to determine, as follows: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

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Recognition of Facts and Application of Law (Based on the Concept of Judicial Application of Law by Jerzy Wróblewski)

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1 Introductory Notes

This outline presents the issue of determining the facts of the case by criminal court. This issue comprises the class of particular issues such as: the attitude of the court to the knowledge of the facts, the role of the court, the role of the court in obtaining information regarding the facts and the question of information which these facts provide, taking into account the types of facts of the case1. The following discussion is based on the concept of judicial application of law by Jerzy Wróblewski and translated into contemporary reflections on the Polish criminal law. It should be stated in advance that the concept of judicial application of law expressed by J. Wróblewski’s and – within its framework – the reflections devoted to recognition of facts by the court, still remain valid to a large extent, due to their high cognitive value, and can be used effectively in the dogmatic and legal considerations, not only in the system of Polish law, but – because of their universal character – also in the system of other legal cultures.

In the analysis of the above issue, Wróblewski wrote:

“(…) undoubtedly, one of the steps leading to a court decision is to establish the facts of the case. Each court decision of the judicial application of law has its factual grounds. The court establishes legal consequences of the facts considered confirmed. Establishing these facts, generally called <

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