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A Post-Analytical Approach to Philosophy and Theory of Law

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Edited By Andrzej Bator, Zbigniew Pulka and Jan Burzyński

Post-analytical philosophy of law departs from the traditional view which considers philosophical cognition merely as a sense-making and optimizing activity. It also questions the apparently universal and objective character of the theorems put forward by existing analytical philosophy. Just like every scientific trend whose name is supplemented with the "post" prefix, it does not break with its past, but rather seeks to critically revisit its established achievements. The main goal of post-analytical philosophy is no longer to impose a conceptual structure upon chaos in the realm of legal and political phenomena. Rather, it seeks to deconstruct the analytical, both philosophical and legal, narrative to expose it as a collection of schemes which oversimplify – if not mystify – the legal and political reality. This kind of diagnosis paves the way towards the construction of a positive program of post-analytical philosophy of law, which the focus of this book.

Andrzej Bator is Professor at the University of Wroclaw and Head of the Department of Theory and Philosophy of Law. In his research, he deals with the problems of analytical theory of law. He has published on the use of a legal norm in the regulation of economic relations, competence in law and jurisprudence, as well as legal theory and philosophy of law.

Zbigniew Pulka is Professor at the University of Wroclaw. After graduating in law in 1977, he has been employed at the University of Wroclaw in the Department of Theory and Philosophy of Law. His main research interests include the concept of the system of law, epistemology of law and methodology of jurisprudence. He is a member of the International Association for the Philosophy of Law and Social Philosophy (IVR) and the Animal Rights Association.