Socio‐legal Studies in Poland: Great Heritage, Empirical Accomplishments, Contemporary Challenges
| DOI | http://doi.org/10.1111/jols.12171 |
| Date | 01 September 2019 |
| Published date | 01 September 2019 |
| Author | Grażyna Skąpska |
JOURNAL OF LAW AND SOCIETY
VOLUME 46, NUMBER 3, SEPTEMBER 2019
ISSN: 0263-323X, pp. 476±96
Socio-legal Studies in Poland: Great Heritage, Empirical
Accomplishments, Contemporary Challenges
Graz
çyna SkAÎ pska*
This article is the fifth in an occasional series dealing with the
development, current status, and future of socio-legal studies in
selected countries. It follows articles by Kim Economides (Aotearoa/
New Zealand), Harry Arthurs and Annie Bunting (Canada), Renaud
Colson and Stewart Field (France), and Alfons Bora (Germany).
INTRODUCTION
1
Distinguishing characteristics of socio-legal studies in Poland include their
pioneering character, novel theories of law, important ideas about
connections between law and other social norms, and extensive empirical
research. They are conducted mainly within a framework set by a scientific
discipline ± sociology of law ± which was officially established as an
academic discipline in Poland as early as 1922. From the start, Polish
sociology of law promoted law as a complex phenomenon and one closely
linked to the development of society. Socio-legal studies cannot be debated
outside of society with its characteristic and rather unique cultural, structural,
and political conditions. In Poland this occurs in circumstances of constant
and fundamental change where institutions are dramatically changing, and
`professions disappear and reappear'.
2
476
*Institute of Sociology, Jagiellonian University, 51-044 Grodzka Street,
Krako
Âw, Poland
grazyna.skapska@uj.edu.pl
1 Sections of this article relating to the historical origins of the Polish socio-legal
studies are based on two previous articles: G. SkaÎpska, `Law and society in a natural
laboratory: the case of Poland in the broader context of East-Central Europe' in Three
Social Science Disciplines in Central and Eastern Europe: Handbook on Economics,
Political Science and Sociology (1989±2001), eds. M. Kaase et al. (2002); G.
SkaÎpska, `The Sociology of Law in Poland: Problems, Polemics, Social Commitment'
(1987) 14 J. of Law and Society 353.
2 J. Kurczewski, `Sociology of Law in Poland' (2001) 32 Am. Sociologist 85.
ß2019 The Author. Journal of Law and Society ß2019 Cardiff University Law School
In the twentieth century Poland changed its legal regime three times.
Regaining its political independence in 1918 resulted in the reconstruction of
institutions of an independent state and the creation of a coherent legal
regime of an independent and democratic state for territories that had been
subordinated to the legal regimes of Russia, Prussia, and Austria since the
end of the eighteenth century. After the Nazi and Soviet occupations, the end
of the Second World War, and the Treaty of Yalta, Poland became part of
Eastern Europe directly subordinated to the Soviet Union ± which produced
deep-seated changes to the legal (in addition to the political and economic)
system along the lines of the totalitarian Stalinist model. Finally, as an
outcome of the peaceful revolutions at the end of the twentieth century,
Poland, together with other Central Eastern European (CEE) reborn demo-
cracies, changed its legal system again, rendering it compatible with the rule
of law. After joining the European Union in 2004 the system was
harmonized with European law.
The latest events have introduced new ideologies, even new orthodoxies,
significant in the functioning of law in general and in particular for the socio-
legal debate. Today Poland is undergoing yet another basic change of its law.
This shift presents a fundamental challenge to the interpretation of the rule of
law as well as to the functionality of the country's constitution and its legal
profession. Currently this situation provides new material for socio-legal
debates and new potential for socio-legal studies.
Presently, some of those important theoretical concepts are seriously
challenged by novel t heoretical conce pts concerning the la w-society
relationship in the context of three decades of overwhelming transformation
in the aftermath of the collapse of communism and the relatively peaceful
revolution of 1989. New forms and sources of law, powerful new ideologies,
and new conceptualizations of the law-society relationship have emerged. To
deal with these issues, this article is divided into four sections. After a short
review of the general background of socio-legal studies in Poland the
sections that follow focus on three fundamental legal transformations
attributable to the equally fundamental and deep changes of the socio-
political environment.
In the first section, the initial, novel and original concepts and theories
about l aw as an emp irica l as well a s compl ex, mul tidim ensio nal
phenomenon are presented. Theories and concepts are then debated in their
characteristic environment: the unification of the legal and political system
after Poland won its political independence in 1918. This is followed by a
short analysis of socio-legal studies when they returned to the academic
curriculum after the `thaw' of 1956, that is, after the end of the darkest
Stalinist period in Polish history. Finally, theoretical and empirical chal-
lenges to socio-legal studies in Poland after 1989 are discussed. The article
concludes with remarks on the latest challenges and questions concerning the
concept of law and law-society relations. Especially noteworthy are the
novel, anti-liberal ideologies which have come to power in Poland.
477
ß2019 The Author. Journal of Law and Society ß2019 Cardiff University Law School
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