Agonizm polityczny a myślenie o prawie i prawoznawstwie
Political Agonism and Thinking About Law and Jurisprudence

Summary/Abstract: The article contains a polemic with the thesis that populism and the unveiling ofthe hitherto hidden political nature of law have resulted in a crisis of legal discourses. Inaddition, it argues against recognizing democratic/liberal hegemony as the main cause ofthese phenomena. Criticism of democratic liberalism from a political point of view provideslittle basis for announcing that jurisprudence has lost its credibility and its reconstructionshould mean the overt politicization of legal discourses. Such a position is not an element ofCh. Mouffe’s agonistic theory. On the contrary, the project of agonistic democracy assumesmaintaining legal democratic institutions that require political neutrality. The rule of lawand the law meeting the requirements of the normative idea of law should be considered as political demands. Only then can law as normativity be contrasted with the factuality of lawas the sovereign’s decision. This duality is visible in the concept of the state of emergency(C. Schmitt). To a large extent, the article is a polemic with the works of A. Sulikowski.

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