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Alternative title:

Chantal Mouffe’s concept of the political and poststructuralism in the philosophy of legal interpretation

Subject and Keywords:

political   populism   authoritarianism   poststructuralism   legal interpretation

Abstract:

The present article deals with the political nature of the interpretation theory, using poststructuralism as a source of reflection. The analysis is conducted by using poststructuralist epistemology and poststructuralist political theory. The thesis of this article, which is metatheoretical in nature, is that the poststructuralist concepts of legal interpretation can be used only after simultaneously adopting the assumptions of the political philosophy which originated in poststructuralism. Chantal Mouffe’s concept of the political is very much tied to considerations about agonistic democracy and agonistic pluralism, which gives us original answers to the questions of how society, the political system, and the legal system can help us prevent the emergence and flourishing of authoritarianism. The first part of the text presents the poststructuralist definition of the political and politics as well as shows its importance for the analysis of the contemporary legal interpretation concepts. In the next part, the author discusses the topic of poststructuralism in jurisprudence and its most important features for a change in the discourse of philosophy of interpretation. The third part of the article examines poststructuralist anti-essentialism using the example of one from among the most famous neopragmatist and poststructuralist philosophers — Stanley Fish. In the fourth and last part of the considerations, the thesis about the necessity of joint use of poststructuralist epistemology and political theory for research on legal interpretation is verified and metatheoretical conclusions are drawn from it.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0239-6661   ISSN 0137-1126

DOI:

10.19195/2300-7249.43.2.17

Source:

PAd P 101182 II

Language:

pol

Abstract Language :

eng

Relation:

Acta Universitatis Wratislaviensis, 0239-6661, no 4069

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2021   Copyright by CNS

Autor opisu:

WR U/PAdal