Czasopismo Prawno-Historyczne
Not a member yet
3153 research outputs found
Sort by
Usul al-fi qh. Czym są klasyczne sunnickie „korzenie/podstawy wiedzy o prawie”?
Get PDFUsul al-fi qh is one of the disciplines of fiqh (the science of religious law in Islam), called for simplicity the theory of law, but actually comprising elements – from the Western perspective – of both theory and philosophy of law, theology, logic, epistemology and linguistics. Usul-al-fi qh literature was written until the end of the classical period in the history of Islamic law, i.e. until roughly the 19th century when the world of Islam came into contact on a larger scale with Western civilisation. As a result, Islamic law entered its modern era. The fi rst works on the theory of law (which have not survived or survived only in fragments) were written in the 10th century – at a time when legal practice had already been well established. A stimulus for the emergence of the theory of law most probably came from Iraq where the intellectual traditions of antiquity were still alive, especially Greek philosophical rationalism. It can be claimed that the theory of law developed by combining rationalistic and traditionalistic ideas in Muslim legal thought. Being an embodiment of this merger, the theory of law owed its beginnings to the community of Baghdad jurists gathered around the Shafi ʻte Ibn Surayj (d. 918). In the legal Sunni tradition, the theory of law was meant as a science of the sources of divine laws (rules), bringing order to human reality, and the methods of deriving them from revelation. These were usul – literally meaning ‘roots/foundations’ (of fiqh). They were made up of the revelation included in the Quran and the Sunna of the Prophet Muhammad, as well as a consensus of the mujtahids (ijmaʻ) and the method qiyas (most often understood as an analogy). These were the four basic ‘sources’ of law. There were also the so-called controversial ‘sources’ that were not recognised by all the schools of law but which comprised juristic preference (istihsan), custom (urf) or the principle of blocking actions that might lead to evil (sadd adh-dhara’iʻ). The theory of law was meant to serve the mujtahids (jurists taking up ijtihad or individual juristic effort aimed at deriving a rule for a specifi c case in reliance on the texts of the Quran and Sunna, rules of their interpretation and specifi c methods of juristic reasoning). In interpreting the sense of the texts, the concept of qara’in – contextual indicators – was adopted without, however, developing rules for their identifi cation. For this reason, the theory of law made it practically possible to justify individual views, which were recognized as following from the intention of the revealed texts. Because of the conviction about the divine origins of Islamic law (Shariʻa), a distinctive feature of usul al-fi qh was its embedding in a theological structure with which it made up an organic whole. Moreover, the theory of law was a highly inconsistent discipline because of the selective nature of borrowings from Greek logic and philosophy, adoption of various methods of juristic reasoning, or, fi nally, various fashions of presenting content in individual works. In turn, the common and constant features of this cumulative tradition of usul al-fi qh, which made the discipline a unity, ollowed from resting the whole legal system on four basic sources of law, developing the concept of abrogation and interpreting the sense of the Quranic and sunnaic utterances. In the early 20th century, with ever stronger voices heard in juristic-theological discourse, advocating the adoption of the rationalistic position, a multitude of proposals were put forward to review the classical theory of usul al-fi qh so that it could be practically used when faced with the needs of modern society
„Dziewiędziesiąt dziewięć cudzych pomysłów, i jeden autora”. Porównanie myśli konstytucyjnej Wincentego Niemojowskiego i Benjamina Constanta
Get PDF„Dziewiędziesiąt dziewięć cudzych pomysłów, i jeden autora”. Porównanie myśli konstytucyjnej Wincentego Niemojowskiego i Benjamina Constant
Międzynarodowa konferencja naukowa dla uczczenia jubileuszu ABGB w Pradze
Get PDFMiędzynarodowa konferencja naukowa dla uczczenia jubileuszu ABGB w Pradz
Zarys historii idei elitaryzmu. Od Platona do Czesława Znamierowskiego
Get PDFThe subject of this paper is political elitism (or the existence of political elites) and the shaping of that concept from the ancient times to the 20th century, on the example of the views of its main creators from Plato, through Claude Henri de Saint-Simon, Georges Sorel, or Max Weber to Czesław Znamierowski. Particular focus has been put on the ideas developed at the turn of the 19th century, including those of Robert Michels, Gaetano Mosca and Vilfredo Pareto, which the author considers to be the fullest and most original. All those ideas have been based on the presumption that the existence of elites is an obvious and indispensible fact since people are different and the natural inequality among them must be maintained to comply with intellectual, moral, or religious premises. Although, practically, all concepts of elitism have been critical of the Marxist theory or any other form of socialist ideology, most theorists hold an opinion that political elites should not isolate themselves in a closed circle, but allow at least some representatives of the other parts of society to join in. Only such ‘circulation’, they claim, can ensure durability of the elites and their survival. Some more recent concepts of political elites go further and propose that interests and aspirations of social masses be taken into account as broadly as possible. This view is a consequence of a conviction that elitism understood as a manner in which political structures function has disappeared and we are currently dealing with an objective process where different types of elites are emerging to create ‘lesser elites’, which – as the process of democratisation of public life continues – results in a gradual departure from the idea of government composed of excellent minds and personalities
Prezydium Rady Ministrów w latach 1918-1939. Struktura, zakres kompetencji i działalność projektodawcza. (Zarys problemu)
Get PDFPrezydium Rady Ministrów w latach 1918-1939. Struktura, zakres kompetencji i działalność projektodawcza. (Zarys problemu
Instrumentalizacja procesu legislacyjnego w carskiej Rosji i jej wpływ na specyfikę rosyjskiego systemu źródeł prawa
Get PDFThe legislative mechanism of the Russian Empire and related to it types and hierarchy of the sources of law has always been, and continues to be, a controversial issue, giving rise to numerous polemics. This is because the very essence of the autocratic rule in the Russian Empire makes it impossible to accurately distinguish between the legislative and the executive powers. The lack of transparency of the hierarchy of sources of law also means that every attempt the Russian theorists of state and administrative law make to identify and clarify those sources is always deemed to fail. The political transformations of 1906 did not bring any change to the existing system either as no compromise was ever possible in an autocracy in which, despite appearances of legality, the predominant drive was to ensure the integrity of the absolute power of the tsar. The characteristic feature of the legislation in the Russian Empire was its complexity and lack of clarity both with regards to the types and forms of the law sources and the way in which laws were made. As a result, in the all-powerful bureaucratic system of the Russian Empire, laws could be breached, violated or bent with impunity and without observance of any acceptable procedure, merely at the discretion of the sovereign
Trzy razy res publica: Thomas Smith, Gasparo Contarini i Wawrzyniec Goślicki
Get PDFThe interest in Republican thought is on the increase again, now chiefl y thanks to the works of Quentin Skinner and the circle of so-called neo-Republicans (or civic Republicans) concentrated around Phillip Petit. They stress the peculiar perspective that Republicans have had on the state and society. This is seen in their distinctive view of freedom as the absence of domination, or attachment to the category of citizenship and the related role of civic virtues. These special characteristics justify, in their opinion, distinguishing the Republican trend of political thought (historically and now) from other positions, especially the liberal tradition. Accepting generally the above opinion, the paper draws our attention to signifi - cant differences within Republicanism itself. To do this, it cites the three conceptions of republic that were formed in the 16th century and refer to England (Sir Thomas Smith), Venice (Gasparo Contarini) and Poland (Wawrzyniec Goślicki). Although they were formed around the same time and have common roots mainly in Aristotle’s philosophy and Roman Republican ideas, each of the three perspectives views the republic from a different angle. While all three authors believe the coexistence of three elements – orderly institutions, wise law and virtuous citizens – to be crucial for any state, they rely in their deliberations on one element only. This has an impact on the way their conceptions fi nally appear and on the conclusions for the political system they draw. And so, Smith gives precedence to institutions, Contarini emphasises the key role of law and Goślicki gives primacy to virtue, concentrated in an ideal senator. Taking notice of such differences among thinkers openly admitting to an attachment to the Republican tradition should make us even more careful so as not to oversimplify it as if it were uniform and completely cohesive. Further, the awareness of such differences may provoke refl ection how justifi ed the use of the Republican banner is in respect of so different authors as, for instance, Machiavelli and Montesquieu
Artykuł recenzyjny „Słownika historii doktryn politycznych” wydanego przez Wydawnictwo Sejmowe, w sześciu tomach w latach 1997–2016
Get PDFTom 1, litery A–C, pod red. M. Jaskólskiego, Warszawa 1997, ss. 457;Tom 2, litery D–H, pod red. M. Jaskólskiego, Warszawa 1999, ss. 473;Tom 3, litery I–Ł, pod red. M. Jaskólskiego, Warszawa 2009, ss. 660;Tom 4, litery M–Q, pod red. K. Chojnickiej i M. Jaskólskiego, Warszawa 2009, ss. 798;Tom 5, litery R–Ś, pod red. K. Chojnickiej i M. Jaskólskiego, Warszawa 2012, ss. 789;Tom 6, litery T–Ź, pod red. K. Chojnickiej i M. Jaskólskiego, Warszawa 2016, ss. 78