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On the impact of real socialism on the theory of legal dogmatics: toward a democratic theory of law?

Zomerski, Wojciech

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On the impact of real socialism on the theory of legal dogmatics: toward a democratic theory of law?

Zomerski, Wojciech

0000-0001-5740-723X

legal dogmatics real socialism Polish theory of law scientificity rational legislator

public and procedural law

The aim of this paper is to demonstrate how the domestic theory of legal dogmatics has been affected by the experience of real socialism. To this end, in the first place the Marxist critique of legal dogmatics is reconstructed. Subsequently, three concepts of legal dogmatics are considered: two articulated originally in the response to this critique and one contemporary. It is argued that the image of legal dogmatics in domestic legal theory is paradoxical but stable: despite emphasizing the autonomy of legal dogmatics from legal texts as well as the intention of the legislator, it is argued that legal dogmatics resembles natural sciences. At the same time, attention is drawn to the internal tensions within the discussed concepts. This leads to the conclusion that the discussed concepts of le-gal dogmatics were neither descriptive nor prescriptive, but they had a solely legitimizing character: their underlying aim was to protect the autonomy of legal dogmatics and — co-construed by the lat-ter — law. Finally, the explanation of this phenomena is provided and attention to dangers associated with it is drawn. In the conclusion, I argue that there is a growing need for a democratic theory of law.

Wydawnictwo Uniwersytetu Wrocławskiego

Jabłoński, Mariusz Red. Bator, Andrzej Red. Łakomy, Jakub Red.

ISSN 0137-1134
ISSN 0239-6661

10.19195/0137-1134.122.13

PAd P 101660 II

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3994. Przegląd Prawa i Administracji 2020, 122, s. 221-236

Czasopisma Naukowe w Sieci (CNS)