The Crisis in Poland, Schmittian Questions, and Kaczyński's Political and Legal Philosophy

26 Pages Posted: 19 Oct 2017

See all articles by Dawid Bunikowski

Dawid Bunikowski

Ronin Institute for Independent Scholarship, Department of Philosophy; University of the Arctic; Cardiff University, Centre for Law and Religion; University of Eastern Finland, Law School

Date Written: October 18, 2017

Abstract

This paper aims to provide a legal-political-philosophical analysis on the recent constitutional crisis in Poland by studying the Schmittian-discourse that appeared in the academic and intellectual debate. The article focuses on the leader of the ruling party Law and Justice (PiS) and the real leader of the Polish state after 2015, Jarosław Kaczyński's political and legal philosophy.

There are two main parts to be explained in the paper:

a) Schmittian questions in the rule of law debate in Poland, and

b) considerations on Kaczyński's political and legal philosophy.

This research shows a wide spectrum of sources: relevant legal and political literature, biographies, legal acts, judicial verdicts, articles and information in the media, interviews, legal opinions and journalistic writing, legal recommendations, etc. Also, fieldwork was done in Poland in December 2015 and June-July 2017. The methodological approach is eclectic: starting from a philosophy of law perspective, it is to go to a political analysis.

Keywords: Poland, rule of law, constitution, crisis, Schmitt

Suggested Citation

Bunikowski, Dawid, The Crisis in Poland, Schmittian Questions, and Kaczyński's Political and Legal Philosophy (October 18, 2017). Available at SSRN: https://ssrn.com/abstract=3055443 or http://dx.doi.org/10.2139/ssrn.3055443

Dawid Bunikowski (Contact Author)

Ronin Institute for Independent Scholarship, Department of Philosophy ( email )

127 Haddon Pl.
Montclair, NJ 07043-2314
United States

University of the Arctic ( email )

Rovaniemi, Lapland
Finland

Cardiff University, Centre for Law and Religion ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

University of Eastern Finland, Law School ( email )

PO Box 111
Joensuu, 80100
Finland

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