PUBLICATIONS

Kreacja prawa. Prawodawstwo między społeczną użytecznością a rozumną zgodą, Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2024.

Legislation is extremely important for contemporary democracies, given the rapid and multi- directional dynamics that democratic legal systems have recently been subject to. There are numerous sociological, technological, ideological, or purely political drivers of change, influencing law’s transformation. According to our approach, legal change may be understood deeper when a political philosophy perspective is taken up. Political philosophy may be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. However, the main focus is legislation. The fundamental question is: what made legislation so important for contemporary law and what happened with contemporary legislation that the ancient Greek metaphor of law as the eternal, unchangeable cosmic order has been transformed into something quite opposite in the modern democratic society? In the history of political philosophy, two fundamental positions can be distinguished regarding the issue of legal change. First, the deterministic position, within which the task of the legislator is to reproduce and discover normative patterns as carefully as possible. Second, the creationist position, in which the legislator plays an active role, consisting in creating legal norms. In modern democracies, the latter definitely dominates. In subsequent publications, the participants study both historical processes, philosophical justification and practical consequences of legislation and the dynamics of changing the law.

This stream of research was financially supported by the National Science Centre, under the project “Normative Models of Political Legitimation of Change of Law in a Democratic State”. The project No. 2015/19/B/HS5/02522.