Artykuły archiwalne

Tom 102 (2015)

Postanalityczna teoria i filozofia prawa. Nowe szanse, nowe zagrożenia?

Strony: 21 - 43




The essay elucidates an opposition resp. critical continuation of a kind between analytic philosophy which refers to traditional, naturalistic model of scientific research, and an approach that is currently labeled postanalytic philosophy. The latter approach is distinguished by a much more tolerant attitude towards the autonomy of humanities, as compared with natural sciences, as well as by its receptivity to other domains of both scientific and nonscientific human practices. As for the Polish legal science in the second half of the 20th century, it was strongly influenced by the traditional analytic philosophy, among others by the oeuvre of the so-called Warsaw-Lvov School.
This influence is most conspicuous when contributions of Polish legal scholars to the theory of interpretation of legal texts are considered. The objective of the essay is to expose possible shifts in research interests of general legal science, resulting from the adoption of research program recommended by postanalytic philosophy. The research program is built on rejection modification of such basic assumptions of analytic philosophy as: primacy of scientific methodology over substantive research; strong commitment to systemic nature of knowledge, requirement of an external integration with natural science, ahistorical and acultural status of scientific claims, and separation of propositions descriptions of facts from evaluative or normative statements. The essay concludes with an assessment of potential social consequences of application of such program: both for those conceived of as positive deformalizing of legal practices, humanizing of legal education, as well as for some possible threats politicizing of legal science and attenuating of its institutional respect.