On three limitations of the lawyers’ power Cover Image

O trzech granicach władzy prawniczej
On three limitations of the lawyers’ power

Author(s): Paweł Jabłoński, Przemysław Kaczmarek
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: limitations of the lawyers’ power; legal text; legal culture; ethics

Summary/Abstract: According to the initially assumed concept of limitations of lawyers’ power the most important elements of those limitations are: legal text, legal culture, and ethics. This structure is characterized by the relations where the anterior element defines the framework of the latter, i. e. text affects legal culture and ethics, while legal culture affects ethics. However, exceptions apply where the latter element might lead to the collapse of the framework of the primary factor (for instance, interpretation contra legem based on axiological argumentation). The aforementioned structure of limitations of legal power is complemented by interaction of various other elements, such as social expectations, political entanglement (depending on the extent to which it is not consumed by ethics) and non-judicial expertise.

  • Issue Year: 6/2013
  • Issue No: 1
  • Page Range: 93-108
  • Page Count: 16
  • Language: Polish