Dogmatic Jurassic Park: A polemic on Marta Dubowska and Adam Dyrda's article Cover Image

Dogmatyczny park jurajski: polemika z artykułem Marty Dubowskiej i Adama Dyrdy
Dogmatic Jurassic Park: A polemic on Marta Dubowska and Adam Dyrda's article

Author(s): Witold Zontek
Subject(s): Philosophy of Law
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: criminal law dogmatics; legal methodology; methodological crisis; legal education; functional dogmatics

Summary/Abstract: This article offers a polemical response to Marta Dubowska and Adam Dyrda's arguments concerning the alleged methodological crisis in Polish legal dogmatics and legal education, as presented in their article 'Legal method: An unfulfilled ideal or a harmful myth?' (RPEiS 87(1) 2025). The author challenges the fatalistic diagnosis of contemporary dogmatics, arguing that it is based on anecdotal evidence and an inadequate, narrow understanding of what dogmatic work currently entails. He contends that dogmatics, particularly criminal law dogmatics, has long moved beyond being merely a descriptive and formalistic analysis of lex lata (positive law). Modern dogmatics is a practice-oriented discipline that integrates perspectives from legal theory, philosophy, and the social and economic sciences, aiming at norm reconstruction to achieve axiologically optimal solutions within a multicentric legal system. The author also regards the critique concerning the supposed 'dogmatic schoolhouse' and the 'judicialization' of legal education as unsubstantiated and inconsistent with available empirical data. The polemic presents a more optimistic view of dogmatics, asserting that an integrated approach to law is its native feature, and that artificially separating it from legal philosophy and theory is detrimental.

  • Issue Year: 88/2026
  • Issue No: 1
  • Page Range: 299-309
  • Page Count: 11
  • Language: Polish
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