Artur Kozak’s Juriscentrist Concept of Law: a Central European Innovation in Legal Theory

IF 0.5 4区社会学 Q3 LAW

Review of Central and East European Law Pub Date : 2020-06-23 DOI:10.1163/15730352-bja04502003

R. Mańko

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引用次数: 6

Abstract

Artur Kozak (1960–2009) was one of the most original and innovative philosophers of law to emerge from the so-called ‘middle generation’ of Polish post-War jurisprudence. Kozak’s principal achievement was to break away from the analytical paradigm of legal theory, dominant in the in Poland at the time, and engage legal theory in a fruitful dialogue with contemporary sociology and philosophy, including such currents as social constructionism or postmodernism. To name his original theoretical project, Kozak coined a new term – ‘juriscentrism’ (juryscentryzm), consciously evoking Richard Rorty’s concept of ethnocentrism. Juriscentrist legal theory was mainly focused on providing legitimacy for the newly gained power of the legal community in a post-socialist society, but its theoretical resonance is universal. Kozak’s premature death made it impossible to complete the theoretical project of juriscentrism, nonetheless he managed to elaborate its main tenets, including the concept of juristic discretional power and a juriscentrist concept of law. Kozak’s legacy in contemporary Polish legal theory is particularly visible in Wrocław, where not only the post-analytical paradigm in Poland is the strongest, but also the first Polish school of critical legal theory has

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阿图尔·科扎克的法理学法概念:中欧法理学的创新

阿图尔·科扎克(1960-2009)是战后波兰法理学所谓的“中间一代”中最具原创性和创新性的法律哲学家之一。科扎克的主要成就是打破了当时在波兰占主导地位的法律理论的分析范式，并将法律理论与当代社会学和哲学，包括社会建构主义或后现代主义等思潮进行了富有成效的对话。为了命名他最初的理论项目，科扎克创造了一个新词——“法理学”(juryscentryzm)，有意识地唤起理查德·罗蒂(Richard Rorty)的种族中心主义概念。法理学法学理论主要侧重于在后社会主义社会中为法律界新获得的权力提供合法性，但其理论共鸣具有普遍性。科扎克的英年早逝使法理学的理论工程无法完成，但他设法阐述了法理学的主要原则，包括法律自由裁量权的概念和法理学的法律概念。科扎克在当代波兰法律理论中的遗产在Wrocław尤为明显，在那里不仅波兰的后分析范式是最强的，而且是波兰第一个批判法律理论学派

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来源期刊

Review of Central and East European Law LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.