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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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On the Concept of Conventional Actions in Law

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When considering the aquis of the Polish legal theory, the concept of conventional actions in law cannot be ignored. Undoubtedly, it is a sophisticated concept – set in the broadly understood analytical philosophy, thus leaning towards the modern philosophy, operating with highly developed methodology. Therefore, it pursues the requirement of practising theory of law in as scientific (and thus universal) manner as possible. This concept is also considered original1 and unprecedented on a global scale2. In this sense, it is undoubtedly a contribution of the Polish legal theory to a global legal thought and at its current level of development, this concept requires a broader discussion, i.e. a global debate ensuring further evolution.

These are, obviously, not the only reasons. In any case, vivid interest in this concept of the general theory of law3 in Poland constitutes the evidence of its importance for the Polish legal science – expressed in creative development and modification of its elements and the specific legal sciences – consisting in using this concept as theoretical and methodological basis in the studies on the applicable law.

Both phenomena indicated in the previous sentence have been occurring in parallel over the years. In order to preserve the transparency of the structure of this chapter, we are going to begin with discussing the basic assumptions of the concept of conventional actions in law elaborated by the law theorists from Poznań. Further on, we will be presenting the suggestions for developing this concept, taking into consideration...

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