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W okowach prawniczego sensus communis. O trudnościach uprawiania krytycznie zorientowanej socjologii prawa

100%
Dębska H.
Archiwum Filozofii Prawa i Filozofii Społecznej
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2014
|
vol. 1(8)
18-28
PL
The Polish sociology of law is unfamiliar with the critical sociology of law as proposedby P. Bourdieu – one of the most acclaimed contemporary sociologists. Therefore the mainaim of the paper is to indicate the causes of this neglection. The text also points out waysin which Bourdieu’s approach can assist in describing and explaining the social functioningof the legal universe. There are several reasons for the lack of reception of Bourdieu’stheory. The lack of critical debates in the field of law is caused by the assumptions of thetheory. Its main goal is to uncover the mechanisms of domination. Bourdieu’s project givesan opportunity not only to disclose the mechanisms by which the law preserves existingsocial relations, but also to discredit its universality by showing that it favours dominantgroups and agents. As such, Bourdieu’s theory threatens the foundations of the field oflaw. Another reason for this negligence among the Polish sociologists of law is structuralin nature. Firstly, the problem lies in the location of the field of law in the field of power.Secondly, in a specific position that sociology of law holds at faculties of law: academicswho are working on that field are mostly lawyers entangled in legal thinking schemata (legaldoxa), legal sensus communis which is considered as indisputable in the field of law.
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Iluzje prawniczego rozumu. O społecznych warunkach praktyk (bez)refleksyjnych

59%
Dębska H.
Studia Prawno-Ekonomiczne
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2014
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vol. XCII (92)
11-23
EN
common characteristic of thus oriented approaches is their purely theoretic character. Pierre Bourdieu’s empirically grounded reflexive sociology questions the alleged reflexivity of an ‘ordinary’ agent’s actions, while attempting to explain the social conditions that need to occur for a real reflexivity of the intellectuals to come about. The purpose of this paper is to present conditions that hinder, or prevent the carrying out of fully reflexively oriented research of law. Firstly, it explains that individuals acting in the world almost always employ an embodied ‘practical sense’ – mental schemata and schemata of action developed in the process of socialisation. Secondly, the paper proves that subject’s (also a lawyer-researcher) way of thinking is a result of his or her position within a social structure (in the field of law). Thirdly, it is shown that the illusion of a fully distanced mind is a special kind of disposition of an intellectual – a disposition that prevents him or her from recognising the social conditions of her thinking. It is stipulated that what reflexively oriented research of law needs is not only the objectification of the research subject, but also a critical analysis of the researcher’s standpoint. For a lawyer his would mean, among others, the awareness of their entanglement in dogmas acquired in the course of their education, objectification of practice-derived experiences, or confrontation with subjects from outside of the legal field (eg. sociologiests).
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