Institutional analysis and epistemology of values in Law: an outline
| Autor | Maciej Pichlak |
| Ocupação do Autor | Assistant Professor at the Department of Legal Theory and Philosophy of Law at University of Wroclaw, Poland |
| Páginas | 898-907 |
898 • XXVI World Congress of Philosophy of Law and Social Philosophy
Institutional analysis and epistemology
of values in Law: an outline
Maciej Pichlak1
Abstract: The paper oers an outline of a research programme consisting in
cognition of axiological foundations of law through an analysis of institutional
seings of legal system. Such approach allows to escape from existing contro-
versies about arbitrary character of axiological reection, which are still to be
found in legal science. Thanks to the process of reconstructing values ‘embod-
ied’ within given institutional practices and structures, it oers an intersubjec-
tive method of recognition of values material for the legal order.
To explain such version of institutional analysis the study refers to
methodological postulates of two – in many respects dierent – philosophers,
Paul Ricoeur and Jürgen Habermas. From Ricoeur it takes an idea of such anal-
ysis as a ‘roundabout route’ to ethical reection, which escapes from a tempta-
tion of unconstrained and arbitrary moralizing. With Habermas it shares an
aspiration to go beyond a futile conict between functional approach (which ex-
cludes axiological inquiry at all) and aesthetic bias (which places axiological re-
sources solely in dispositions of individual, apart from institutional structures)
in social sciences. The works of both authors express and justify a possibility
of conjunction of analysis of factual, empirical components of social practices,
such as law, with reection on their ideal, axiological plane.
The paper elaborates epistemological rather than epistemic problematic
of cognition of values – which means that it delve into conditions of possibility
of such cognition, instead of verifying particular methods of axiological studies.
Key words: Institutional theory of law; axiology of law; factual and ideal.
Introduction
The study aims at elucidate how an analysis of institutional set-
tings of legal order supports a cognition of axiological foundations of
law. To say about ‘elucidation’ may be a bit exaggerating, as all I of-
1
Assistant Professor at the Department of Legal eory and Philosophy of Law at Uni-
versity of Wrocław, Poland. Email adress: mpichlak@prawo.uni.wroc.pl.
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