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Title:

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

Creator:

Zomerski, Wojciech

ORCID:

0000-0001-5740-723X

Subject and Keywords:

legal dogmatics   real socialism   Polish theory of law   scientificity   rational legislator

Tags:

public and procedural law

Abstract:

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.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

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

Date issued:

2020

Date copyrighted:

2020

Identifier:

ISSN 0137-1134  
ISSN 0239-6661

DOI:

10.19195/0137-1134.122.13

Source:

PAd P 101660 II

Language:

eng   pol

Relation:

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

Is version of:

Czasopisma Naukowe w Sieci (CNS)

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