Argument from Justice in the public discourse Cover Image

Argument ze sprawiedliwości w dyskursie publicznym
Argument from Justice in the public discourse

Author(s): Kamil Zeidler
Subject(s): Constitutional Law, Law and Transitional Justice, Governance
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: An important feature of modern democratic states is their discursive nature, which results in a constant negotiating situation, which is a special type of communication situation. Moving away from substantive law to procedures and creating the so-called framework conditions result in the need to take argumentative actions in favor of own interestsand values. Such situation raises the need to develop communicative skills, and within them the skills of argumentation. The concept of justice does not have single and unambiguous content. There are many competing theories and justice formulas which are reflected in contemporary discourseand expressed in contents of the applicable law and its principles. The Constitution of the Republic of Poland uses the notion of social justice in art. 2. When justice is used in public discourse we can call it the creation of an argument from justice which can have as different content as the theories and formulas adopted for its construction. Therefore, a dispute over the mere content of such argument can occur. There is often a conflict between theargument from justice and other arguments, in particular legal arguments. Such situation can be considered as hard case. In practice, the argument from justice has great importance in restoring the violated state of justice in matters of transitional justice and the argumentative approach to the issue of cultural goods restitution.

  • Issue Year: 2016
  • Issue No: XXXV
  • Page Range: 577-595
  • Page Count: 19
  • Language: Polish