theory of law

The Judgment of Paris

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Not taking into consideration faulty verdicts and irrational politics in the judicial system, especially inconsiderate cadre decisions and rash judge nominations, has catastrophic consequences for the judicial system, as well as for the whole country. It’s a shame, that the same mistakes are repeated so many years later. The opinion that because people do not have divine perfection, they want to be closer to gods so they repeat their mistakes does not seem to be appropriate.

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Posted on by ACUS in Civil Procedure, General Issues

In search for a remedy to facilitate the work of a judge: “electronic” judicial opinion

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The ability to issue an electronic judicial opinion was introduced to the Polish legal order by an amendment to the Code of Civil Proceedings (herein: CCP) – of 29 August 2014, which has been binding since 27 October 2014. The new way of providing grounds for judicial decisions was created by two articles: Article 328 § 11 and Article 331 § 2 CCP. According to the first of them, if the court’s session is recorded using electronic means, the judicial opinion can be delivered after announcing the verdict, and recorded along with the other elements of proceedings in the courtroom. In that case, the judge is no longer obliged to give brief oral reasons for his or her decision (which would be required if the traditional written motives were to be produced as the “main” opinion). Due to the second provision, if the e-motives have been produced, the parties obtain the judgment along with the transcript of the opinion – which is considered to be legally equal to the delivery of the written justification in the traditional model of giving the judicial opinion.

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Posted on by Iwona Rzucidło-Grochowska in Civil Procedure, General Issues

For the freedom of art, freedom of law and freedom to err

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Art cannot exist without freedom. And where freedom exists, art experiments must be allowed – experiments more or less in line with expectations and what viewers of art are accustomed to. There must be an acceptance of searching, allowing not only for wandering the “dirt track” where nobody has ever seen art, along with scandals where art has long been present. However, everything has its limits. Even the freedom of art. For art, these flexible limits set out the aesthetic canons of the era and the boundaries of law. The aesthetic canons protect the sensitivity of art viewers, while the law protects other values, recognised by the law as more important than the freedom of creativity. If these canons and values are breached by art, then the boundaries within which it is allowed are described by law and set out by the courts of law.

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Posted on by ACUS in General Issues

Law and e-society. The new paradigm of discourse

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Years ago, Jerzy Starościak, a professor of administrative law, opened one of his books with the statement: “thick books on narrow issues are gone.” This was not true then, and is still not true today. Thick, analytical books will always be needed; enabling lawyers to develop their skills. Nonetheless, it is true that “thick books” have lost their monopoly in the legal discourse, as the discourse itself and its participants have changed.

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Posted on by Ewa Łętowska in General Issues

Let’s start!

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We hope that our internet site – on private law in Poland – is the start of something big ahead. So why now, why about civil law, and why in English?

The contemporary legal discourse does not need only “thick books”, but requires also more flexible ways of informing about legal concerns – like blogs and internet websites. They alter the paradigm of exchanging legal information, departing from the traditional, solely analytic discourse, into more diverse ways, responding to newly-arising needs. Read more

Posted on by Ewa Łętowska in General Issues