Tradycja petrażycjańska w polskiej socjologii prawa albo o tym, co zyskaliśmy, nie odwołując się do Ehrlicha
Journal Title: Studia Iuridica - Year 2018, Vol 74, Issue
Abstract
The goal of the presented paper is to show the qualities of Polish sociology of law that arise from how it formed and developed under the influence of a particular theoretical inspiration – the theory of Leon Petrażycki – specifically the ways that tradition has been influencing the direction of studies, as well as the descriptions of legal reality. According to the author, that influence is not limited to direct references, but has a broader scope that is expressed in an approach to analyzing the social context and functions of legal phenomena. To further emphasize the originality of Polish sociology of law, the article explains the differences between selected elements of Petrażycki’s theories and the proposals of Eugene Ehrlich. The problems that were undertaken by both scholars, and are still important to socio-legal studies, were presented from that point of view. Furthermore, the paper emphasizes the elements of Petrażycki’s works that did not appear elsewhere in early socio-legal thought. The study field is crucially narrowed by not orienting it towards analyzing and comparing initial ideas of Petrażycki and Ehrlich. Rather, it aims to analyze the possible influence of different views on differentiating the subjects of studies as well as their goals. In particular, the paper draws attention to the way Polish scholarship uniquely perceives the problematics of the social nature of legal phenomena, legal pluralism, the relationship between law and state (and especially legal phenomena unrelated to the state), legal culture and the usefulness of law as an instrument of social change. This is the perspective from which the paper presents selected Polish research projects and socio-legal analyses. The paper chiefly attempts to show a very particular quality of Polish sociology of law: the affirmation of legal phenomena that forms the basis for critique of faulty and socially dysfunctional official law.<br/><br/>
Authors and Affiliations
Zbigniew Cywiński
Keywords
Related Articles
- EP ID EP357897
- DOI 10.5604/01.3001.0012.2293
- Views 119
- Downloads 0
Conditions for the Admissibility of Scienti C Research in Biomedicine Biobanking: A Challenge in Times of Big Data
The subject of the article is the analysis of the rights of donors donating their biological samples to biobanks in the 21st century. Issues regarding donor rights have been analyzed since the 1980s, however, changing ti...
Contents / Spis treści
-
Reforma systemu kar po nowelizacji kodeksu karnego z dnia 20 lutego 2015 r.
The article describes a reform of material criminal law based on perspective of legal doctrine, practice of jurisdiction and prosecution, as well as management of the system of criminal law. It is based on the experience...
The Hans Island Dispute and the Doctrine of Occupation
The tiny Hans Island, claimed by both Canada and Denmark, is the latest disputed land in Arctic. The aim of this article is to analyse whether this sovereignty question can be resolved by referring to the doctrine of occ...
Combating Dangerous People under the Act on Mental Health Protection and “the Beast Act”
The aim of the article is presenting two ways of the state’s response to the danger caused by individuals with mental disorders pursuant to the Act on Mental Health Protection and the Act on the Procedures Applicable to...