O fikcji powszechnej znajomości prawa i nadziei na społeczną znajomość zasad prawa
About the fiction of the overall knowledge of law and the hope for the social knowledge of legal principles
Author(s): Kamil ZeidlerSubject(s): Constitutional Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: knowledge of law; sociology of law; constitutional law;
Summary/Abstract: Starting considerations from the counterfactual assumption of overall knowledge of law and combining it with the results of the achievements of the sociology of law in the field of legal awareness, both of a social group and individuals, the question about what in fact constitutes a legal awareness can be posed. Accepting the opinions presented in the literature that legal awareness is on the one hand the overall knowledge of law and on the other hand the evaluation of law and demands to change it, once again a question can be raised of what should be a part of such general understanding of law. In the case of non-professional actors (ordinary people) it is shaped significantly by the experience concerning the law application (understood both broadly and narrowly), as well as the life of a specific legal and political organization (state). In response to these assumptions, the Author presents the opinion that a key element of the overall knowledge of law, which is the part of a legal awareness, is the knowledge of legal principles, particularly the principles of constitutional law.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2014
- Issue No: XXXI
- Page Range: 719-729
- Page Count: 11
- Language: Polish