citation_author
Pichlak, Maciej
citation_volume
12
citation_publication_date
11/2020
citation_title
Law in the Snares of the Political. Addressing Rafał Mańko’s Critical Philosophy of Adjudication
citation_pdf_url
https://repozytorium.kozminski.edu.pl/en/system/files/Pichlak.pdf
citation_issue
3
citation_journal_title
Krytyka Prawa. Niezależne studia nad prawem
citation_issn
2080-1084
citation_firstpage
109
citation_lastpage
125
dcterms.title
Law in the Snares of the Political. Addressing Rafał Mańko’s Critical Philosophy of Adjudication
dcterms.creator
Pichlak
dcterms.subject
critical theory of law, critical legal studies, theory of adjudication, the political nature of adjudication, the legitimacy of adjudication, adjudication ethics
dcterms.description
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 Philosophy 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 manner; 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.
dcterms.contributor
Pichlak
dcterms.date
11/2020
dcterms.type
Text
dcterms.format
text/html
dcterms.identifier
https://repozytorium.kozminski.edu.pl/en/pub/5814
dcterms.abstract
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 Philosophy 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 manner; 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.
dcterms.language
en
dcterms.modified
2020-11-28T01:26+01:00