KONTEKSTOWA TEORIA (DOGMATYKI) PRAWA KARNEGO
CONTEXTUAL THEORY OF CRIMINAL LAW (DOGMATICS)

Summary/Abstract: In the article ‘Contextual Theory of Criminal Law (Dogmatics)’ author presents the distinction between formal and logic ideal of criminal law and so-called contextual criminal law. The former is related to the ideal of legal reasoning based on the belief that rationality and consistency are able to serve successfully the main purposes of the law and execution of the law. The latter is based on the presumption that contextual – related to certain decisions on the sense of being citizen, political community, democracy, shared values – legal reasoning allows to respond properly to the needs for clarity, identity of legal solutions with the particular axiological framework. The author describes the most influential theory of criminal law in Poland, created by professor Andrzej Zoll, based on the structure of the norms of criminal law, and uses arguments from critical legal studies movements and from internal legal reasoning to show the reasons for mixed (comprising previous axiological settlements applicable in the particular case) constructs in criminal law.

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