(in Polish) Earth Jurisprudence 1300-OG-EJUP-FS

During the first classes we will be reading some texts that concern participation in the law. We will start by an overview of main features of the Greek polis. We will then discuss how participation in the law was transformed into participation in a religious world order. This begins early with Christian legal philosophers who present an understanding of Reason which is said to be able to uncover natural order and rights. The necessity of earthly order, but the realisation that this is always imperfect characterised that view. We will then continue to consider what happens to our understanding of our participation in the law once the religious sphere falls away. We will then see how religion is replaced by secular reason – the command of the Sovereign and the rule of Reason that replaces the religious and moral connections of law. The exploration will give us a good grasp of how law can be conceived as a part of Nature and of Reason to which humans belong, but which may nevertheless stand in constant conflict with law posited by humans. We will also canvass the case for theories, known as Legal Positivism, that see the law as a tool of social good but which maintain that the identification of law need not traverse moral evaluation of its content. We will explore the notion of law as an interpretative practice which advocates some immanent value of legality that works itself pure in the practice of law. That would be a basis, indeed the point of departure for a view of that regards the interpretative practice of law to be embedded in legal traditions rather than in an immanent value that works itself pure. Is there any similarity between interpretation in Art and in Law? During the term the relationship between these various schools of thought will be discussed attempting to achieve a panoramic view of how our thinking with and through law has changed.
Latter on we will examine the relationship between Law and Morality, what is the relationship between what the law is and what it ought to be? What is the nature of law’s claim to further the common good? In what sense are obligations ‘legal’? How does law claim moral authority? What is normative reasoning? In what sense can law be said to be natural – natural law and natural rights. What are the limits of the duty to obey the law? We will answer this questions by referring to the examples from the Polish law among others.
As a next step in presenting the topic we will move to the issue of Law as Interpretation – the idea that argument made in legal practice makes sense only a result of an Interpretative process. What is interpretation? How might practical doctrinal arguments relate to interpretation of the point of having law?