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Poznań school of legal theory [electronic resource] / edited by Marek Smolak, Paweł Kwiatkowski

Published
Leiden, The Netherlands : Koninklijke Brill NV, [2020]
Physical Description
xii, 424 pages ; 24 cm.
Additional Creators
Smolak, Marek and Kwiatkowski, Paweł
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Contents
The Poznań School of Legal Theory. Origins - People - Ideas / Marek Smolak and Paweł Kwiatkowski -- The legal system and legal norms / Czesław Znamierowski -- The normative conception of the sources of law / Zygmunt Ziembiński -- Legal provisions and legal norms / Zygmunt Ziembiński -- The typology of legal norms / Zygmunt Ziembiński -- Competences and competence norms / Zygmunt Ziembiński -- Justifications of statements, evaluations and norms in jurisprudence / Zygmunt Ziembiński -- Juristic interpretation / Leszek Nowak -- The derivational theory of legal interpretation as an integrated theory / Maciej Zieliński -- Eighteen myths in thinking about the interpretation of law / Maciej Zieliński -- On the specific nature of constitutional interpretation. Additional comments / Sławomira Wronkowska -- Once more on the sources of law and normative acts / Sławomira Wronkowska -- Polish legislative procedure and the role of the Polish constitutional tribunal from the perspective of the theory of conventional acts and formal acts in law / Stanisław Czepita -- A definition of forbearance / Wojciech Patryas -- The interpretative paradigm shift during the period of transformation in Poland / Marek Smolak -- The ontological presuppositions of legal texts / Marek Smolak -- Change in law, intertemporal situation and intertemporal problem / Jarosław Mikołajewicz -- Principles of law / Marzena Kordela -- Axiological law interpretation / Marzena Kordela -- Remarks on the pragmatic role of legal definitions in the derivational theory of legal interpretation / Maciej Dybowski -- The structural conception of conventional legal acts / Piotr F. Zwierzykowski -- Legal interpretation in periods of political transformation / Michał Krotoszyński -- The concurrence of legal provisions as an interpretative problem. An outline of the Issue / Mikołaj Hermann.
Summary
"This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application in the era of moral pluralism and multicentric legal systems. Moreover, the legal-theoretical proposals put forward by the circle of Poznań legal theorists, and supported by firm methodological foundations, have not, by any means, lost their value. Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law. The Poznań School has made several valuable contributions to contemporary legal theory: Its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent"--
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ISBN
9789004446366 (hardback)
9789004448445 (ebook)
Bibliography Note
Includes bibliographical references and index.
View MARC record | catkey: 41343444