Kilka uwag krytycznych na temat pisania historii prawa narodów w Polsce
Some Critical Remarks on Writing the History of the Law of Nations in Poland
Author(s): Tomasz SrogoszSubject(s): History of Law, International Law, History and theory of political science
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: international law; history; doctrine; approaches to law; theory of law;
Summary/Abstract: This article presents the achievements of the Polish doctrine of international law in the field of the history of this system. Taking into account the method of presentation, there is a noticeable deficiency related to the theoretical foundations. Polish lawyers, in the wake of Ludwik Ehrlich, base their research on the analysis of international relations, the evolution of the practice of states and treaties, and the views of the "fathers" of international law. The proposals of Polish internationalist lawyers, with the exception of the works of Alfons Klafkowski, can be considered ahistorical because they do not explain why the international legal order took its current form. Authors fail to address crucial questions regarding the effectiveness, legitimacy and various interpretations of international law. They do not present diverse approaches to the law of nations, nor do they consider non-European philosophies. It is worthwhile to enrich Polish legal scholarship with these approaches, drawing on theoretical achievements in international legal scholarship, including those stemming from critical legal studies. They are not ahistorical and contribute to resolving important contemporary issues concerning the international legal order.
Journal: Studia z Dziejów Państwa i Prawa
- Issue Year: XXVIII/2025
- Issue No: 1
- Page Range: 133-148
- Page Count: 16
- Language: Polish
