Law in the Snares of the Political. Addressing Rafał Mańko’s Critical Philosophy of Adjudication
Abstrak
The paper aims at reconstruction and critical discussion with the main tenets of political theory of adjudication, as presented by Rafał Mańko in his book, W stronę krytycznej filozofii orzekania. Polityczność, etyka, legitymizacja [Towards a Critical Philo sophy of Adjudication. The Political, Ethics, Legitimacy]. In the paper, I demonstrate: that the interpretation of the concept crucial for the entire theory – which is the concept of political – has been chosen by Mańko in an ideological and a priori man ner; that the choice above effectively prevents the realisation of the main objective of the book, which is to legitimise adjudication; that the adoption of the ethics of adjudication advocated in the book is – in the light of the basic assumptions of that very publication – both improbable and hardly acceptable. Finally, I claim that Mańko’s theory, due to its totality, can distinguish neither between legitimate law and violence, nor between justified and unjustified adjudication. As a result, it loses its critical force. All these problems are not peculiar to Mańko’s theory, but they are general weaknesses of various versions of critical jurisprudence.
Topik & Kata Kunci
Penulis (1)
M. Pichlak
Akses Cepat
- Tahun Terbit
- 2020
- Bahasa
- en
- Total Sitasi
- 4×
- Sumber Database
- Semantic Scholar
- DOI
- 10.7206/kp.2080-1084.398
- Akses
- Open Access ✓