Herkules jest nieposłuszny! Istota sędziowskiego oporu oczami Ronalda Dworkina

Author: Piotr Wyjadłowski
Institution: Krakowska Akademia im. Andrzeja Frycza Modrzewskiego w Krakowie
ORCID: https://orcid.org/0000-0003-3805-3450
Year of publication: 2024
Source: Show
Pages: 123-136
DOI Address: https://doi.org/10.15804/ppk.2024.01.09
PDF: ppk/77/ppk7709.pdf

Hercules is Disobedient! The Essence of Judicial Resistance through the Eyes of Ronald Dworkin

In global jurisprudence and legal theory, we are currently observing a renaissance of interest in the thought of Ronald Dworkin, an outstanding legal philosopher, lawyer and humanist with an incredible sense of justice. There is still debate over the practical application of integral legal philosophy. Dworkin’s philosophy marks the “third way” in the dispute between legal positivism and the natural law approach. Using Dworkin’s concept of law, an attempt can be made to answer the question to what extent can the conscience of a person holding the office of a judge influence the process of making/applying law? The desire to look for positive patterns of creating and reforming law pushes us to analyze recent changes through the prism of Dworkin’s philosophy. The previous years have revealed to us a universal value and feature of our legal system a judge who interprets the law becomes the central figure of legal culture.

Opór jako oznaka podmiotowej orientacji. Rozważania na marginesie pracy socjalnej

Author: Małgorzata Ciczkowska-Giedziun
Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
ORCID: https://orcid.org/0000-0001-9784-6501
Year of publication: 2024
Source: Show
Pages: 158-172
DOI Address: https://doi.org/10.15804/kie.2024.01.09
PDF: kie/143/kie14309.pdf

Resistance as a manifestation of subjective orientation. Considerations on the margins of social work

This paper attempts to analyse the concept of resistance in social work. The category of resistance is characterized by a multiplicity of meanings, which means that it is understood in many ways, depending on civilizational and cultural contexts. Reflections on the concept of resistance in the humanities and social sciences are neither simple nor straightforward, as each discipline has its own view of this category. The analyses carried out in this study are interdisciplinary, but the point of reference is social pedagogy and social work developed by it. The aim of the article is to present the achievements of the category of resistance, taking into account three ways of interpreting it: as an individual reaction of the person receiving the help, as a reaction of the person receiving the support to the relationship with the professional, as a reaction of the participants of the social welfare system to local practices, institutional and governmental policies. In the discourse of social work, it is more common to see resistance as an individual reaction and a reaction to contact with a professional, and less so as a manifestation of subjective orientation, which is a resource to reach for in the face of oppressive practices. Therefore, the article devotes special attention to this issue. The whole analysis is complemented by a reflection on the challenges faced by social work education, through which the aim is to activate the resistance competences not only of the people supported, but also of the professionals themselves. The content analysis was based on a review of Polish and foreign literature presenting the issue of resistance in relation to social work.

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