- Dr. Dawid Bunikowski
Law School,
Joensuu campus
University of Eastern Finland,
80100 Joensuu
Finland
Dawid Bunikowski
University of Eastern Finland, Law, Post-Doc
- Nicolaus Copernicus University, Law, AlumnusRonin Institute, Department of Philosophy, Faculty Memberadd
- Law, Constitutional Law, Philosophy, Philosophy Of Law, Law and Morality, The Legal Enforcement of Morality, and 24 moreLanguage, Religion and Politics, Phenomenology, Hermeneutics, contemporary continental philosophy, axiology (theories and applied research on values), philosophical and cultural anthropology, diversity managment, gender studies, intercultural communication, and translations studies, Business Ethics, Roman Law, History of Law, International Law, Anthropology, Legal Pluralism, European Union, Fundamental Freedoms, Moral and Political Philosophy, Comparative Law, Freedom of Speech, Wittgenstein, Medieval Philosophy, Aristotle, Argumentation, Corporate Governance, Corporate Finance, Law & Economics, Political economy of regulation, John Finnis, and Social and cultural anthopologyedit
- I am a philosopher of law. I am a philosopher of law. Doing research in many areas. Like law, philosophy, anthropolog... moreI am a philosopher of law.
I am a philosopher of law. Doing research in many areas. Like law, philosophy, anthropology, political science, economics, etc. Based in Eastern Finland, originally from North Poland. Ethnocultural Kocievian. In philosophy, a fan of, among many, Plato, Aristotle, Aquinas, Pascal, Kant, Hegel, Wittgenstein, and existentialists and personalists. Legal philosopher of language. PhD on enforcement of law and morality (2009, Nicolaus Copernicus University, Poland). Postdoctoral research on the financial crisis as an axiological crisis: the crisis of law and the crisis of morality (University of Eastern Finland, 2013-2015). Teaches in both Finland and Poland. Occasionally, a visiting scholar in Blackfriars Hall, Oxford.
It is not easy to say about yourself but as Saint-Exupery said: if you were able to evaluate yourself well enough, you would be really wise.
I am relatively young, open, full of energy and new ideas, foreign researcher (originally a Pole) living and working in Finland. Although I am a lawyer, precisely a legal theorist, a philosopher of law, my interests are very wide. My interests are both very wide and sophisticated – generally the science I believe in and I do it seems to be a part of humanities and I would like to say about myself that I am rather a humanist than only a lawyer. My interest are widespread from political sciences by law, ethics, philosophy, psychology, sociology, to economy, saying shortly. What it seems to me to be the most fundamental in my research and what is the crucial idea is seeking ethical, moral and axiological foundations of the law, the state, economy, corporations and all the communities. I use very sophisticated argumentation in my reasoning, from legal to ethical and philosophical or social (even economic, religious and historic) arguments. Most of my articles relate to relations between law and morality, especially enforcement morality by the law, in theoretical and practical aspects. Some of them relate to constitutional law and the theory of power. There are some on psychology in the law (Scandinavian legal realism). Another papers concern concrete legal institutions or legal interpretation. However, in my more philosophical articles I especially consider a value of freedom in context of the law, state, morality, ethics, another moral values. Now I am flashing on ethical problems of the financial crisis, too. Philosophy of law (jurisprudence) is my most important research area. What is also the most important in my research seems to be relations between law and morality, but not only in a theoretical sense, but also practical one.edit
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My background is in philosophy of law but I work with different academic disciplines: law, philosophy, anthropology, theology, history and economics. My approach to protection of sacred sites is interdisciplinary, multidisciplinary and... more
My background is in philosophy of law but I work with different academic disciplines: law, philosophy, anthropology, theology, history and economics. My approach to protection of sacred sites is interdisciplinary, multidisciplinary and cross-disciplinary. Generally, my aim is to present different theories concerning law and cultural ecology and apply these to case studies on protection of sacred sites.
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∗ Dr., Leader of the UArctic Sub-group of the Philosophy of Law in the Arctic; Senior Lecturer, Higher Vocational State School in Wloclawek, Department of Public Administration (Poland); Research Scholar, Ronin Institute for Independent... more
∗ Dr., Leader of the UArctic Sub-group of the Philosophy of Law in the Arctic; Senior Lecturer, Higher Vocational State School in Wloclawek, Department of Public Administration (Poland); Research Scholar, Ronin Institute for Independent Scholarship (US); Researcher, IGDORE Institute for Globally Distributed Open Research and Education (Sweden); Distinguished Academic Associate, Centre for Law and Religion, Cardiff School of Law and Politics, Cardiff University (UK); dawidbu@uef.fi. 1 Thematic Network on Arctic Law establishes new sub-group: Philosophy of Law in the Arctic, https://www.uarctic.org/news/2015/11/thematic-network-on-arctic-law-establishes-new-sub-groupphilosophy-of-law-in-the-arctic/ (08.12.2018).
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Książka poświęcone tradycji, współczesności i prognozowanej przyszłości zjawiska pluralizmu prawnego. Fenomen ten został w ukazany z różnych punktów widzenia - towarzyszących mu prądów ideowych, uwarunkowań politycznych, ekonomicznych, a... more
Książka poświęcone tradycji, współczesności i prognozowanej przyszłości zjawiska pluralizmu prawnego. Fenomen ten został w ukazany z różnych punktów widzenia - towarzyszących mu prądów ideowych, uwarunkowań politycznych, ekonomicznych, a także zmieniającego się technicznego otoczenia życia społeczeństw, szczególnie nowych systemów masowej, horyzontalnej i wertykalnej komunikacji
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The paper focuses on jurisprudence (philosophy/foundations of law) in Justinian’s sense in order to rethink its current “irreligious” status. The question is whether Western jurisprudence is about both divine and human things as it was... more
The paper focuses on jurisprudence (philosophy/foundations of law) in Justinian’s sense in order to rethink its current “irreligious” status. The question is whether Western jurisprudence is about both divine and human things as it was stated in Justinian’s Code. Obviously, to everybody, jurisprudence is about knowledge of law. However, in Justinian’s heritage, jurisprudence as the science of law is supposed to have been “the knowledge of things divine and human; the science of the just and the unjust”. In the first part of the paper, I focus on different legal scholars’ (or philosophers’) religious inspirations and an “axiological struggle” (of different moral factors, schools, and ideologies) in jurisprudence. To present religious inspirations in legal scholars’ academic careers and works, there are used some contemporary cases of (Western) legal scholars, such as Devlin, Finnis, Bankowski, Doe. In the second part of the paper, I try to combine “both divine and human things” and reconcile these in one theory (it might be seen as a prolegomena to this theory). Although today jurisprudence is secular, jurisprudence might be understood as “divine” at two levels: at the micro level (the level of regulation of life) and the macro level (the regulation of the cosmos). This is the primary understanding of divine jurisprudence. Also, it might be “divine” in terms of scholars’ inspirations, and this is the secondary understanding. Both understandings are interdependent. We touch the Sacred while covering problems of both human life and the cosmos. This concept of divine jurisprudence is different from Thomasius’s though. I claim that we still need two kinds of legal scholars and two “factors”/ideas in our science about Justice: those who represent human things and those who represent divine things.
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The paper concerns the development of freedom in the majesty of the law and also liberal and communitarian-conservative ideas in the doctrine of the law, as well as the law as a system of conventionally established rules. The main... more
The paper concerns the development of freedom in the majesty of the law and also liberal and communitarian-conservative ideas in the doctrine of the law, as well as the law as a system of conventionally established rules. The main question is: where are we going to? To the world of the morally responsible people or towards a disaster of the civilization? Freedom understood as a wider field of lawfully and legally human acts is still spreading. The phenomena, which I call “morally controversial cases”, such as abortion or euthanasia, are the best examples of that process in our culture (the West). I agree with the opinion that conscience seems to be a better measure of our personality and morality formation than the law.
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David Hume wanted to understand what is the foundation of our morality. The main purpose of Hume's research on morality was seeking and finding universal principles of morality. According to Hume, the principles on which human... more
David Hume wanted to understand what is the foundation of our morality. The main purpose of Hume's research on morality was seeking and finding universal principles of morality. According to Hume, the principles on which human morality is based are kindness, justice, social usefulness, sentiment of humanity, greatness of mind. He considered what is the source of the moral principles: the mind or feelings? Hume said that ,,feeling" had a fundamental role in cognition of the moral principles; moral sentiments decide that human act is worthy of approval or reprimand. The main element of moral approval of human behaviour is its usefulness which has social, pragmatic and individual aspects. If something is good for society, it is also good for a person (for example, being a patriot, or legal rules of heritage, or the right to ownership). Hume's theory affects many outstanding philosophers (Smith, Mill, Kant, Comte). Critics stress that the theory of morality cannot deny the ...
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The author, developing his theory of hegemony, interprets legal and real actions taken by the Secretaries of the Polish United Workers’ Party: Bierut, Gomulka, Gierek, General Jaruzelski, and by the Party itself. According to the... more
The author, developing his theory of hegemony, interprets legal and real actions taken by the Secretaries of the Polish United Workers’ Party: Bierut, Gomulka, Gierek, General Jaruzelski, and by the Party itself. According to the constitutional and legal analysis, the Polish communist Secretaries did not often obey the law which was valid at the time. There are many examples of such actions: from illegal judicial processes „on demand of the authority”, through criminal sanctions as well as civic and real restrictions for members of the political opposition, to unofficial officials’ appointments or political directives/unofficial law of the Party, and marginalization of the due constitutional powers. The most controversial case of the realization of the hegemony law by the Party seems to be the enforcement of the martial law by General Jaruzelski in December 1981.
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The paper deals with the decision problem on making rules concerning two things: how to manage natural resources in Finnish Lapland and, consequently, how to strengthen Sami political rights and their autonomy in a groundbreaking way. It... more
The paper deals with the decision problem on making rules concerning two things: how to manage natural resources in Finnish Lapland and, consequently, how to strengthen Sami political rights and their autonomy in a groundbreaking way. It is to acquaint the audience with a public discourse in the field. I try to explain the public discourse on the political-ecological future of Finnish Lapland by understanding both sides and their narratives: the Finnish state and the Sami representatives\community. Some questions are put on the table: Who is the owner of the land? The Samis or the state? Who should manage natural resources? Is it possible to have two jurisdictions in Lapland, following legal pluralism and a real right to self-determination of the indigenous peoples? Is the discussion on the ILO Convention no. 169 a red herring or a result of groupism? But in fact, the clue is about simple things: historical Justice that meets Equality, the great idea of the Nordic countries. The new natural resources management in favour of the Samis is dependent on exceptional both appreciation of historical Justice and sacrificing Equality.
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This paper covers problems of divine or cosmological jurisprudence.
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The aim is to answer the question what is the ontology of law in Jewish culture.
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The article concerns a concept of law in Leon Petrazycki’s theory and Scandinavian legal realism (Uppsala school) represented by Karl Olivecrona. The author, explaining the concept of law, seeks connections between Petrazycki’s theory and... more
The article concerns a concept of law in Leon Petrazycki’s theory and Scandinavian legal realism (Uppsala school) represented by Karl Olivecrona. The author, explaining the concept of law, seeks connections between Petrazycki’s theory and the ideas forwarded by the Scandinavians. According to Petrazycki, law is a psychological fact – a legal emotion in human mind, mentality. On the other hand, according to Olivecrona, law is a fact – a human behaviour which is determined by reality in the mind. The conclusion for lawyers is that law should be treated not only as a normative fact (legal texts) or axiological fact (values, principles), but also as a psychological fact (Petrazycki – legal emotions), and a behavioural fact (Olivecrona – human behaviour and reality in human mind). Polish theory of law and practice lack considerations of this type.
The moral discourse characterising the ethics of human rights is not enough, and – what is more important and the source of a real worry – it has demonstrated its incapacity of motivating human conduct. This invites us to a humble and... more
The moral discourse characterising the ethics of human rights is not enough, and – what is more important and the source of a real worry – it has demonstrated its incapacity of motivating human conduct. This invites us to a humble and serious multidisciplinary enterprise. The starting point of this book is to take such a shared feeling seriously. Is something religious? Is something grounded in God? Is it a sort of necessary element of our past and contemporary legal systems in order to achieve international peace? This book is an attempt to construct a form of interdisciplinary research in which the international legal scholar, the moral philosopher, the philosopher of religion, the theologian, and the political scientist can contribute to the construction of the necessary bridges; such bridges are necessary to understand the complex connection between religions and peace. Many scholars can protest against such a statement as “peace through religion”. Their argument would probably ...
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Ongoing changes in the Arctic generate an increase of human activities (e.g., shipping and exploitation of natural resources), ones which will require legal and other regulation if they are to be safe and sustainable. This book compiles... more
Ongoing changes in the Arctic generate an increase of human activities (e.g., shipping and exploitation of natural resources), ones which will require legal and other regulation if they are to be safe and sustainable. This book compiles 18 short contributions that will provide into how the law and policy function in the Arctic. Many of the contributions identify legal issues that will shape the future of the Arctic, offering perspectives that would benefit the legal community at large.
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The topic of this book concerns protection of sacred sites in the Arctic. To recognise indigenous customary law means to support indigenous customary protection of such sacred sites. It also implies safeguarding cultural heritage in the... more
The topic of this book concerns protection of sacred sites in the Arctic. To recognise indigenous customary law means to support indigenous customary protection of such sacred sites. It also implies safeguarding cultural heritage in the Arctic. Both legal pluralism and cultural ecology help us understand indigenous customary laws in the Arctic and why we should recognise them. The aim of this chapter is to explain the relations between cultural ecology and legal pluralism in making a case for the recognition of indigenous customary law in the Arctic. It is not about human rights or international public law. It does not deal with any substantial law. However, the implications of the ideas presented here concern constitutional law, cultural autonomy, political autonomy, international law, and the concept of sovereignty. The ideas refer also to the problem of ethos as the basis of every law and society.
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The concept of open texture (OT) is often used without explanation of what it really means. I aim to shed some light on its philosophical and legal theoretical background, focusing solely on the pre-Hartian period. While this paper aims... more
The concept of open texture (OT) is often used without explanation of what it really means. I aim to shed some light on its philosophical and legal theoretical background, focusing solely on the pre-Hartian period. While this paper aims to dig more deeply into the concept than has previously been the case, it also examines philosophers’ life stories. I start with the history of the concept, beginning with legal philosopher Herbert Hart and delving back as far as the philosopher of science and language Friedrich Waismann. Certain other important scholars (J.L. Austin, Wittgenstein, McKinnon) from Oxford and Cambridge from the periods both before and after World War II are mentioned in the paper. Records such as in memoriam speeches form an important part of the story presented here. In any event, OT is an extremely important element of both legal practice and science nowadays. It does not matter who first hit upon this concept and it is likely that it cannot be attributed to any sole individual in any case. Hart was involved in the same academic environment and was influenced by J. L. Austin, while the philosophy of that time in the two English strongest philosophical academic communities was also deeply influenced by both the thought and the personality of Wittgenstein. The origins of OT are complicated and sophisticated.
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The paper is to answer the question what jurisprudence is. Is it still “the science of things divine and human”, as it was wonderfully stated in the Code of Justinian in 534, following Roman law (Roman jurisprudence) and great Roman... more
The paper is to answer the question what jurisprudence is. Is it still “the science of things divine and human”, as it was wonderfully stated in the Code of Justinian in 534, following Roman law (Roman jurisprudence) and great Roman jurists like Ulpian? Is jurisprudence still “the science of the just and the unjust”, as we read in the Code? I propose to go to Justinian’s Compilation, Book I. Of Persons, I. Justice and Law: Justice is the constant and perpetual wish to render every one his due. Jurisprudence is the knowledge of things divine and human; the science of the just and the unjust. The paper will also examine the historical, theoretical, and axiological foundations of the European legal culture. To understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers important for European law from ancient times to the 19th century. The paper not only presents the theoretical and historical issues of the European legal culture but also acquaints the audience with the true foundations of our contemporary legal institutions, and the methods of legal thinking in Europe.
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This short paper concerns a legal-philosophical and legal-theoretical (but in fact, more interdisciplinary) problem of so called cognitive enhancement and of what to do with (possible) influence of neuroscience on legal and moral... more
This short paper concerns a legal-philosophical and legal-theoretical (but in fact, more interdisciplinary) problem of so called cognitive enhancement and of what to do with (possible) influence of neuroscience on legal and moral responsibility. The problem of responsibility in the law is treated as one of the most important themes in jurisprudence. We say that some people are responsible for behaviour (e.g. the competent, adults). But we must seek the limits of the idea that responsibility “tracks” mental capacity. According to the paper assumptions, we should consider two fundamental questions. Firstly, have some professionals such as surgeons, soldiers, pilots a responsibility (duty) to cognitively enhance themselves (by e.g. drugs)? Secondly, if so, after the enhancement should they be acquired by greater responsibilities (greater standard of care)? I see some dangers for morality, freedom, human rights in the case of two positive answers for these questions. I analyse some projects of recommendation of the law change. I strictly highlight really potential axiological problems, too.
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The aim of this legal-historical-philosophical paper is to highlight the necessity of metaphysics in law, especially in contract law. Law should be based on doctrines of natural law. Law without deeper moral justification is pure and... more
The aim of this legal-historical-philosophical paper is to highlight the necessity of metaphysics in law, especially in contract law. Law should be based on doctrines of natural law. Law without deeper moral justification is pure and lacks legitimacy. I propose to go back to some old ideas, deeply rooted in Roman times and the Middle Ages. Shortly speaking, I will start with some philosophical considerations, then I will highlight ideas of going back to metaphysics in law, while metaphysics is represented by ideas of natural law taken straight from Roman jurists and the Middle Ages. I will also explain the 18th and 19th centuries collapse of metaphysics in contract law, referring to contemporary outstanding scholars in the field (I follow Gordley's and Decock's critiques). I conclude by repeating the necessity of searching the true origins of the European legal culture, and then basing state law on natural law and highlighting a redefinition of a present contract law theory. Thus, for the author, poetically saying, philosophy, theology, and law are marching together, what is a beautiful way, crystallizing the way itself like going back to the true origins of our law in Europe, and in contract law especially.
One of the most famous legal discussions was the Devlin-Hart debate in the late 1950s in England. It seems that even nowadays not only liberal but also conservative aspects of understanding the law are still important for the law-makers... more
One of the most famous legal discussions was the Devlin-Hart debate in the late 1950s in England. It seems that even nowadays not only liberal but also conservative aspects of understanding the law are still important for the law-makers (freedoms and rights v. tradition and integration). I propose to go back to Lord Patrick Devlin’s theory of law and Herbert Hart's critique (with Ronald Dworkin's support). My aim is also to analyse the value of public morality in law in general. Should we protect public morality by law? Why? What is public morality then? The debate showed us some universal insights on this value.
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The aim of this paper is to explain what corporate governance is, what the principles of corporate governance are, what standards are formally valid at a global level (including both American and European rules) and how deviant practice... more
The aim of this paper is to explain what corporate governance is, what the principles of corporate governance are, what standards are formally valid at a global level (including both American and European rules) and how deviant practice appeared both prior to and during the financial crisis which began in 2007. It also aims to explain the difference between the institutional axiology (written codes used within companies, the state law) and the real axiology (deviance on the part of companies, breaking promises) in companies. My approach is based on Jonathan Macey’s promissory theory of corporate governance and Cornelis de Groot’s legal analysis of corporate governance, and this paper takes a stance against hypocrisy in matters of business and of the state. Axiological analysis of the crisis in the global economy is necessary, since corporate governance, as an element of company law, constitutes an important branch of the law and of both legal and business practice. In conceptual terms, it has a close relationship with business ethics. I maintain that the crisis in corporate governance and business ethics was one of the main factors behind the financial crisis, and that the financial crisis brought about changes in the classical rule of law paradigm. States are now willing to take all available extraordinary measures to curb violations of law by companies, to safeguard good corporate governance and to protect human freedom and rights.
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This is rather the first book with a title "Philosophy of Law in the Arctic" in the literature. This philosophy of law is a very wide and cross-disciplinary area of research: between law, philosophy, anthropology, history,... more
This is rather the first book with a title "Philosophy of Law in the Arctic" in the literature. This philosophy of law is a very wide and cross-disciplinary area of research: between law, philosophy, anthropology, history, cultural ecology or environmental studies. I have no doubts that we have done such kind of philosophy in the academia so far, not using this term, but keeping up with the concept, the idea. The book is a result of research conducted by many members of the Sub-group of Philosophy of Law in the Arctic (the University of the Arctic). This team seems a very interdisciplinary academic group. Our cooperation bears fruit. The aim of the book is to define and systematise Arctic legal philosophy problems. In this book, there are five thematic parts. Each part consists of two-five short articles (we can call them also chapters or papers). These are the sixteen short articles all together. Each article consists of between six and fourteen pages. So going further, w...
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The aim of this article is to discuss the difficulties that may be encountered by the Saami truth and reconciliation commissions examining abuses against Saami indigenous peoples in Norway, Finland...
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The subject of my paper is some reflections about morally and socially controversial cases such as abortion, euthanasia, pornography, prostitution, homosexual couples, cloning, human fertilization, some aspects of borderlines of law and... more
The subject of my paper is some reflections about morally and socially controversial cases such as abortion, euthanasia, pornography, prostitution, homosexual couples, cloning, human fertilization, some aspects of borderlines of law and medicine, bioethics, professional ethics, some institutions of family law (polygamy, bigamy, duties during and after marriage), etc., and, of course, legal regulations concerning them. Prima facie, laws concerning morally and socially controversial phenomena are “morally controversial legal regulations.”
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Attached is the list of my publications. Follow the river!
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This looks like the breakfast scandal in Finland is over now but... let us go back to it to think of political and legal culture of this country. Finland is proud of its high standards in politics. Corruption is low, transparency is high,... more
This looks like the breakfast scandal in Finland is over now but... let us go back to it to think of political and legal culture of this country. Finland is proud of its high standards in politics. Corruption is low, transparency is high, public debates are polite, politicians are modest and resign if they act in a legally controversial way, and so on. We all know that the former PM Antti Rinne resigned in December 2019 because he lied (?) about plans concerning reduction of employment in the state-owned post company Posti (https://yle.fi/uutiset/osasto/news/finnish_pm_rinne_resigns/11100374). We also know that another member of the government (Katri Kulmuni) resigned in June 2020 because of her communication training paid from public money (https://www.helsinkitimes.fi/finland/news-in-brief/17743-katrikulmuni-resigns-as-finance-minister-over-consultancy-payments-scandal.html). But does this high standard actually work in the case of PM Sanna Marin? The answer is "no", unfortunately. Let us think of the breakfast scandal again. Prime Minister Sanna Marin was having the state-paid but private food, not only breakfast items. These were provided for her and her family at the official prime ministerial residence, Kesäranta. It was paid by the state. The fact is that Sanna
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This seems demanding how to start while analysing the Polish constitutional crisis as so many things have happened so far. The first necessity is to skip emotions and take a critical perspective. The paper aim is to be critical and speak... more
This seems demanding how to start while analysing the Polish constitutional crisis as so many things have happened so far. The first necessity is to skip emotions and take a critical perspective. The paper aim is to be critical and speak of the crisis objectively. It is a legal-political-philosophical analysis. The aim is to analyse the recent constitutional crisis in Poland and focus on Schmittian-looking questions that appeared in the academic and intellectual or judicial debate concerning it. The aim is also to try to understand Kaczyński's political and legal philosophy. Is there any political and legal philosophy behind his actions? Does some political or legal philosophy influence him? There are three main parts to be explained in the paper then: 1) What happened to Poland in 2015-2017, 2) Schmittian questions in the rule of law debate in Poland, 3) Considerations on Kaczyński's political (and legal) philosophy. I analyse relevant legal and political literature, biographies, legal acts, judicial verdicts, articles and information in the media, interviews, legal opinions and journalistic writing, etc. I also did fieldwork in Poland in December 2015 and June-July 2017. However, in the beginning, there must be some deeper introduction to the situation. In the end, there come conclusions and other findings.
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The paper focuses on the problems of history, development, axiology and future of the Nordic Welfare State (NWS). The considerations are made in context of the financial crisis that began in 2007. The author considers also how the NWS... more
The paper focuses on the problems of history, development, axiology and future of the Nordic
Welfare State (NWS). The considerations are made in context of the financial crisis that began in 2007. The author considers also how the NWS ideology influenced state law and legal way of thinking in Scandinavia and, more widely, in the Nordic countries. The case of Finland is used to show how the law in both the content and methodology was changed. It is claimed the NWS is still changing because of many social or financial factors or crises. The NWS ideology is a very practical philosophy about how to provide equal opportunities (the minimum social security, access to health, free education) for everybody in a society. The social contract is a basis of the NWS. The NWS might be changed due to economic crises to some extent, of course, but its philosophy remains the same: help the weaker.
Welfare State (NWS). The considerations are made in context of the financial crisis that began in 2007. The author considers also how the NWS ideology influenced state law and legal way of thinking in Scandinavia and, more widely, in the Nordic countries. The case of Finland is used to show how the law in both the content and methodology was changed. It is claimed the NWS is still changing because of many social or financial factors or crises. The NWS ideology is a very practical philosophy about how to provide equal opportunities (the minimum social security, access to health, free education) for everybody in a society. The social contract is a basis of the NWS. The NWS might be changed due to economic crises to some extent, of course, but its philosophy remains the same: help the weaker.
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In this paper, this is claimed that it is impossible to understand what reindeer husbandry means for the Sámi people without good understanding of the Sámi laws, culture, philosophy, and cosmology. The aim is to shed some light on Sámi... more
In this paper, this is claimed that it is impossible to understand what reindeer husbandry means for the Sámi people without good understanding of the Sámi laws, culture, philosophy, and cosmology. The aim is to shed some light on Sámi reindeer husbandry from the point of view of philosophy, anthropology, culture, and law. However, my point of view is Western and legal-philosophical-anthropological, although I try to keep up with chosen narratives of Sámi scholars or reindeer herders.
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The aim is to answer the question: What is the philosophy of our immigration law: ours in the EU? This is a legal-philosophical paper and research in progress. The thesis is that the philosophy is based on pragmatic ideas of security.... more
The aim is to answer the question: What is the philosophy of our immigration law: ours in the EU? This is a legal-philosophical paper and research in progress. The thesis is that the philosophy is based on pragmatic ideas of security. There is also some blurred necessity of exclusive belonging to Europe. This means protection of welfare by migration limitation or by selection of incomers. But I do not assess it from ethical or meta-ethical points of view in this paper. The methodology is based on analysis of legal acts, political speeches and opinions in media.
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The paper explains the State-Church relationship in Finland from legal, social, political, and historical perspective. The paper aim is to explore all the important contemporary legal-political and social-political issues with the... more
The paper explains the State-Church relationship in Finland from legal, social, political, and historical perspective. The paper aim is to explore all the important contemporary legal-political and social-political issues with the historical background in the field. The most important thesis is that the current state of things between the State and the Church is based on an idea of a “friendly relationship”.
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This paper is legal-philosophical and legal-historical and has two select aims. One is to shed the light on ideas of European integration in the 19th century Polish political thought represented by Wojciech Bogumił Jastrzębowski's... more
This paper is legal-philosophical and legal-historical and has two select aims.
One is to shed the light on ideas of European integration in the 19th century Polish political thought represented by Wojciech Bogumił Jastrzębowski's Treatise on Eternal Alliance among Civilized Nations. The Constitution for Europe.
The second aim is to show two constitutional ways of thinking in Poland in 1919-1939: the democratic one represented by the March Constitution of 1921 and the quasi-authoritarian one represented by the April Constitution of 1935.
One is to shed the light on ideas of European integration in the 19th century Polish political thought represented by Wojciech Bogumił Jastrzębowski's Treatise on Eternal Alliance among Civilized Nations. The Constitution for Europe.
The second aim is to show two constitutional ways of thinking in Poland in 1919-1939: the democratic one represented by the March Constitution of 1921 and the quasi-authoritarian one represented by the April Constitution of 1935.
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The paper deals with the decision problem on making rules concerning two things: how to manage natural resources in Finnish Lapland and, consequently, how to strengthen Sami political rights and their autonomy in a groundbreaking way. It... more
The paper deals with the decision problem on making rules concerning two things: how to manage natural resources in Finnish Lapland and, consequently, how to strengthen Sami political rights and their autonomy in a groundbreaking way. It is to acquaint the audience with a public discourse in the field. I try to explain the public discourse on the political-ecological future of Finnish Lapland by understanding both sides and their narratives: the Finnish state and the Sami representatives\community. Some questions are put on the table: Who is the owner of the land? The Samis or the state? Who should manage natural resources? Is it possible to have two jurisdictions in Lapland, following legal pluralism and a real right to self-determination of the indigenous peoples? Is the discussion on the ILO Convention no. 169 a red herring or a result of groupism? But in fact, the clue is about simple things: historical Justice that meets Equality, the great idea of the Nordic countries. The new natural resources management in favour of the Samis is dependent on exceptional both appreciation of historical Justice and sacrificing Equality.
Research Interests:
This is about two arguments.
One is about common European values rooted in history, which should illuminate the future.
The other concerns democracy in the EU and the will of the European people to decide on the future of the EU.
One is about common European values rooted in history, which should illuminate the future.
The other concerns democracy in the EU and the will of the European people to decide on the future of the EU.
Research Interests:
Książka poświęcona tradycji, współczesności i prognozowanej przyszłości zjawiska pluralizmu prawnego. Fenomen ten został w ukazany z różnych punktów widzenia - towarzyszących mu prądów ideowych, uwarunkowań politycznych, ekonomicznych, a... more
Książka poświęcona tradycji, współczesności i prognozowanej przyszłości zjawiska pluralizmu prawnego. Fenomen ten został w ukazany z różnych punktów widzenia - towarzyszących mu prądów ideowych, uwarunkowań politycznych, ekonomicznych, a także zmieniającego się technicznego otoczenia życia społeczeństw, szczególnie nowych systemów masowej, horyzontalnej i wertykalnej komunikacji.
Research Interests:
Dramat oniryczny. Moralitet mistyczny. Utwór satyryczny, polityczny.
Research Interests:
Przedmiotem tej filozoficzno-prawnej pracy są kontrowersje dotyczące prawa i moralności w Europie Środkowowschodniej. Główna teza jest taka, że każdy kraj podąża swoją drogą na płaszczyźnie ingerencji prawa w sferę moralności, tj. tego,... more
Przedmiotem tej filozoficzno-prawnej pracy są kontrowersje dotyczące prawa i moralności w Europie Środkowowschodniej. Główna teza jest taka, że każdy kraj podąża swoją drogą na płaszczyźnie ingerencji prawa w sferę moralności, tj. tego, co państwo reguluje w sprawach kontrowersyjnych moralnie jak aborcja czy homoseksualizm. Regulacje i polityki państw postkomunistycznych zostają zestawione z liberalnym prawem Zachodu. Książka ma charakter interdyscyplinarny. Jest teoretyczna i empiryczna.
Research Interests:
This is rather the first book with a title "Philosophy of Law in the Arctic" in the literature. This philosophy of law is a very wide and cross-disciplinary area of research: between law, philosophy, anthropology, history, cultural... more
This is rather the first book with a title "Philosophy of Law in the Arctic" in the literature. This philosophy of law is a very wide and cross-disciplinary area of research: between law, philosophy, anthropology, history, cultural ecology or environmental studies. I have no doubts that we have done such kind of philosophy in the academia so far, not using this term, but keeping up with the concept, the idea.
The book is a result of research conducted by many members of the Sub-group of Philosophy of Law in the Arctic (the University of the Arctic). This team seems a very interdisciplinary academic group. Our cooperation bears fruit.
The aim of the book is to define and systematise Arctic legal philosophy problems. In this book, there are five thematic parts. Each part consists of two-five short articles (we can call them also chapters or papers). These are the sixteen short articles all together. Each article consists of between six and fourteen pages. So going further, what we see in the book then is, in fact, a set of both theoretical and practical papers1. The topics of these papers (chapters) are different as the authors are different while representing a wide-ranging scope of academic disciplines or specialisations. Each paper is followed by a relevant bibliography, which might be helpful for other scholars interested in the field. The seventeen writers come from such countries as Finland (4), Norway (1), Canada (3), Poland (3), Japan (2), Austria (1), Ireland (1), and England (2). Some of them have Arctic indigenous roots (3). In the end
of the book, there is a very original attachment - the map of Arctic Canada.
The book is a result of research conducted by many members of the Sub-group of Philosophy of Law in the Arctic (the University of the Arctic). This team seems a very interdisciplinary academic group. Our cooperation bears fruit.
The aim of the book is to define and systematise Arctic legal philosophy problems. In this book, there are five thematic parts. Each part consists of two-five short articles (we can call them also chapters or papers). These are the sixteen short articles all together. Each article consists of between six and fourteen pages. So going further, what we see in the book then is, in fact, a set of both theoretical and practical papers1. The topics of these papers (chapters) are different as the authors are different while representing a wide-ranging scope of academic disciplines or specialisations. Each paper is followed by a relevant bibliography, which might be helpful for other scholars interested in the field. The seventeen writers come from such countries as Finland (4), Norway (1), Canada (3), Poland (3), Japan (2), Austria (1), Ireland (1), and England (2). Some of them have Arctic indigenous roots (3). In the end
of the book, there is a very original attachment - the map of Arctic Canada.
Research Interests:
The aim of this workshop is to shed some light on relations between theoretical discourses produced by legal scholars (jurisprudence) (1), philosophical conceptions of religion (2), and peace, as a political and global aim (3).... more
The aim of this workshop is to shed some light on relations between theoretical discourses produced by legal scholars (jurisprudence) (1), philosophical conceptions of religion (2), and peace, as a political and global aim (3). Especially, we are interested in legal scholars and/or philosophers (Hans Kelsen, Hermann Cohen, Emmanuel Lévinas, etc.) who might have been influenced by religion or religious way of thinking in the Judeo-Christian European background.
The recent Reut Paz's book on “A Gateway between a Distant God and a Cruel World” touches on the intellectual history which has shaped Kelsen's, Lauterpacht's and other German Jewish legal scholars’ take on international law, through Jewish theological conventions. This primary interest – due to a given European cultural background – does not mean that other cultural perspectives are not included in the project. On the contrary, the more ambitious aim would be to compare how this relation between jurisprudence, religion and peace change (or not) across the different legal and religious contexts.
The recent Reut Paz's book on “A Gateway between a Distant God and a Cruel World” touches on the intellectual history which has shaped Kelsen's, Lauterpacht's and other German Jewish legal scholars’ take on international law, through Jewish theological conventions. This primary interest – due to a given European cultural background – does not mean that other cultural perspectives are not included in the project. On the contrary, the more ambitious aim would be to compare how this relation between jurisprudence, religion and peace change (or not) across the different legal and religious contexts.