Abstrakcyjna analiza czy społeczny realizm? Spór o teorię prawa

• Authors: Sławiński Maciej

Title variants

EN

Jurispurdence: Analityc Philosophy or Social Theory?

• Languages of publication: PL

Abstracts

EN

In his book A Realistic Theory of Law, Brian Z. Tamanaha presents a vision of the historical development of law in connection with social, economic and techno- logical factors. He aims to revive a tradition of legal realism which can be traced back to the writings of Montesquieu. The tradition was neglected in the 20th century, when natural law theory and, especially, analitycal jurisprudence were largely advanced. Tamanaha exposes the shortcomings of analytical jurispru- dence. Instead of endeavors to find an abstract definition of law, he offers a range of historical and sociological essays which outline the constant evolution of law. It is not clear, however, if Tamana is fully aware of all the possible conclusions that might be drawn out of the stress he puts on evolution. If there is no “nature of law” at all, we may easily find ourselves deprived of any reliable theoretical knowledge concearning law. It might be said then, that Tamanaha seems rather to abandon than to solve the problem of the nature of law. One may also ask, if Tamanaha’s book, with all its versatility of examples taken from the past and present of economic and political life, should be considered a book on jurisprudence or a book on history and sociology.

Keywords

EN

legal realism; analytical jurisprudence; the nature of law; sociology of law

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2018
• Issue: 1 (45)
• Pages: 78–85

Contributors

author

Sławiński Maciej

• Zakład Filozofii Polityki Instytutu Filozofii Uniwersytetu Warszawskiego