Michał Rupniewski - Böcker

Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments.The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts.The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.

This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency.The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law. Despite considerable differences between jurisdictions as regards human dignity in application, it is argued that the particular weight of human persons is the widely shared focal point. The central claim, therefore, is that the law recognises, and tries to foster, the status of personhood, and, drawing on the work of Karol Wojtyła, the author develops a ‘Status of Personhood Theory’.The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Jurisprudence, Philosophy, Ethics and Political Theory.

This book reassesses the relationship between human dignity, law, and specifically the ‘personalist’ school of agency.The work argues that a specific way of appreciating dignity is contained in how law understands the person, and so can be used to improve upon how we explain and interpret the law. Despite considerable differences between jurisdictions as regards human dignity in application, it is argued that the particular weight of human persons is the widely shared focal point. The central claim, therefore, is that the law recognises, and tries to foster, the status of personhood, and, drawing on the work of Karol Wojtyła, the author develops a ‘Status of Personhood Theory’.The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Jurisprudence, Philosophy, Ethics and Political Theory.