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New Perspectives on Legislation

A Comparative Approach


Edited By Adam Sulikowski and Paweł Chmielnicki

This book presents new research assumptions aiming at a significant expansion of a typical, common paradigm of law sciences. It focuses on the process of law-making, which is an important subject of interest in broadly understood legal sciences. Although many books have been written on this subject, new problems are still emerging. In many countries of the world, current political and legal theories are becoming less and less adequate to the description of reality. One of the causes is that too little empirical research is conducted in legal sciences on the links between the legal system and its socio-economic environment. This book is a result of discussions among researchers from different parts of the world. The multiplicity of points of view and the diversity of assumptions adopted by the authors, allows them to present a multi-faceted image of law-making processes.

Legislation and the Political: Towards Critical Legisprudence (Rafał Mańko) – The Role of Lawyers in Law-making and the Political Struggle from the Perspective of Carl Schmitt (Rafał Chybiński) – Politicalness of Law and Technological Ideology (Dominik Góra) – "Macro" and "Micro" Approach to Research on Law as a Part of Socio-Economic System (Paweł Chmielnicki) – Some Examples and Experience from Australian Income Tax Law (Alexandra C. Evans) – Problems Arising in Connection with Implementation of the Product Liability Directive (85/374/EEC) into Polish Law (Joanna Kuźmicka-Sulikowska) – "The Borders" of the Legislator’s Freedom in the Legislation (Sanita Osipova) – Constitutional Court – a Controller or Co-Legislator? (Dobrochna Mnich) – Sociological Context of Legislation (Martin Škop)