Juristenrecht, The Rational Lawgiver and Legal Policy in the Polish Tradition. Towards a Discursive Model of Power (original) (raw)
Related papers
Juristocracy: The Beginnings by Béla Pokol
Jogelméleti Szemle, 2021
In my book on the spread of juristocracy, I only briefly discussed the circumstances of the emergence of the German constitutional judiciary in the late 1940s, which signifies one of the beginnings of today's juristocracy. https://www.amazon.com/-/es/Pokol-B%C3%A9laebook/dp/B096KYFHN2/ref=sr\_1\_1?dchild=1&qid=1624379666&refinements=p\_27%3ABe %CC%81la+Pokol&s=books&sr=1-1 This topic remains taboo, so there is little material on it, but some historians have begun to examine it without bias. However, it still completely escapes the attention of German constitutional scholars and constitutional law scholars in general. Anticipating that my book will meet with criticism from these scholars, I have subsequently examined in detail the beginnings of the distortion of constitutional adjudication into a juristocracy. This short paper contains my investigation of that.
The Polish Constitutional Court crisis : some remarks on the political, liberalism and culture, 2019
Das Werk steht unter urheberrechtlichem Schutz. Alle Rechte, insbesondere das Recht der Vervielfältigung und Verbreitung sowie der Übersetzung, sind vorbehalten. Kein Teil des Werkes darf in irgendeiner Form ohne schriftliche Genehmigung des Verlages reproduziert oder unter Verwendung elektronischer Systeme verarbeitet, in solchen gespeichert, mit solchen vervielfältigt und verbreitet werden.
This article, using the material contained in the two books of Grundman/Riesenhuber, namely portrays of civil law professors by the pupils, gives a history of legal science in the second half of the 20th century.. This basis seemed to be uniquely rich to me when attempting to write a history and also allows to explain what can and what cannot be expected from scholars. Last not least and taking into account that national socialism and the reaction to national socialism was discussed in the books of Grundman/Riesenhuber, the article also addresses the role of civil law in a totalitarian or authoritarian state. The article begins with more abstract topics and then goes to the detail. Accordingly, the article starts with philosophy and theory of law, goes through the different areas of civil law and ends with the conclusions that the biographies allow to draw. When dealing with philosophy and theory of law, the article goes from the importance of philosophy to standards of legal science and ends with the distortions of understanding legal theory in national socialism. On the behavior of scientists in national socialism and the evaluation of this behavior nowadays the article notes the disruptive potential the article has to this day. On specific areas of law, the structure of the article follows my impression on how important the contribution of legal science to different topics is. Namely, regarding labor law, science, as confirmed by the articles, took a lead in forming an important part of nowadays legal reality. In property law, there was almost general opposition to some of the solutions that the German Civil Code implemented, and there was a need to fil in some of the gaps, in obligation law, science had big influence in formulating new rules, but the principles in formulating such rules are not very clear to the outside and the manner history is being presented is not always consistent. On corporate law, science had more of a supporting function in particular when approaches of other countries were explained and taken over into German law. On procedural law, the relevant codification, having been drafted by practitioners, and internationalization had some role. The biographical notes try to focus on giving a perspective to how institutions develop, and, for instance, note that no schools came into existence, the structure of learning has not been a focus of the articles, the personal characteristics that are deemed to be typical or in other contexts notable. The article was submitted to Review of Central and East European Law, the journal for which at the time Prof. William Simons, who had proposed the article be written in 2004, was an editor, in summer 1996. At the time of the submission, William Simons had ceased to edit Review of Central and East European Law. Whilst the editorial team welcomed the article, it went on to making remarks and asking for additions until, in October 2017, it asked for the article both to be extended and shortened. Asked to be a bit more precise and questioned about the procedure the editors went silent. I felt that publishing the article elsewhere could have led to the conclusion that I was following not easily to understand goals, in particular attacking somebody for unclear reasons. As a consequence, the article is likely to remain a draft only published here.
The 19TH Century German Legal Science and Its Contribution to Contemporary Private Law
Proceedings of the International Scientific Conference "Social Changes in the Global World", 2020
Since its modern origins German law was 'learned law', a law that emanated from academic teaching and writing. The emergence of the 'learned' lawyers is intimately linked to the transition from medieval feudalism to the modern state in the later Middle Ages. The new concept of legal science developed by German lawyers near the beginning of the 19th century was a reaction to a particular methodological challenge. This challenge derived principally from the jurisprudential void left after Kant's critical philosophy had discredited the belief in the postulations and methods of natural law that had been pre-eminent the previous centuries. The German Pandectist School, which epitomized the foremost authority of German legal science at that time, took a revitalizing outlook to Roman law, in order to build a system of contemporary private law to meet the main requirements of the modern society. Its goal was to create a rigorously logical and comprehensive legal system by developing abstract and coherent concepts which, together as a whole, form a law that is supposed to be free from gaps. It introduced core legal concepts like the 'declaration of intent' and the 'legal act' in private law and it also had profound impact scholarship and legislation throughout Europe and beyond.