JEDNOŚĆ NAUKI VERSUS WIELOŚĆ NAUK
SCIENCE UNITY VERSUS MULTITUDE OF SCIENCES
Author(s): Jerzy MenkesSubject(s): Politics
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: science unity
Summary/Abstract: Since Middle Ages, a precondition to set apart any discipline and its transformation from real knowledge-science, i.e. theology to current state of the art, has been fighting the conviction of the science unity particular value, shared by all opponents of isolating new disciplines, who derived their approach from Manichean structure of reality-science. Verifying this approach I evoke various, still parallel experience of unsuccessful defence of the international law unity from the fragmentation of law, and subsequently results of partition of law and international law and its impact on the law coherence (including international law) and the coherence of international turnover legal regulation – the long road from law to domestic and international law, from international law to both European and international law, and at present, to (single) law of the European Area. Legal and law processes are analized, not differentiating them, as they are mutually interacting. It is claimed that international law and international law studies are being fragmented as a result of evolving social situation that generates adequate regulations and legal regulations changes affecting the reality. History of public institutions of transatlantic area values constitution and implementation is analized. Attention is focused not only on sollen but also on sein, aiming at basic norm reconstruction. It is ascertained, that there is one law of different sources/foundations in the EU legal area, still complementing, and permeating. In the international area the discrepancy between European and international law is getting smaller as a result of convergence with Trans-Atlantic values. The conclusions confirm that both international law and international law studies are confronted with contradictory trends, periodical deconstruction and reconstruction, non-linear track from unity to diversity.
Journal: Przegląd Strategiczny
- Issue Year: II/2012
- Issue No: 1
- Page Range: 51-66
- Page Count: 16
- Language: Polish
