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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

Marcin Matczak's text empire: holism, power and law

This text is an in-depth analysis of Marcin Matczak's publication "Empire of the Text," focusing on the evolution of contemporary legal thought. The author explores the concept of legal holism, which redefines the role of the judge—from a passive interpreter of law to an active engineer of social reality. The study thoroughly discusses the foundations of this theory, such as Dworkin's integrity, Robert Alexy's optimization imperatives, and Radbruch's formula. However, the analysis does not shy away from a critical perspective on the dangers of excessive judicial discretion, pointing to the potential loss of legal predictability and the risk of elitism. This is an important contribution to the discussion on the legitimacy of judicial decisions and the new architecture of the state, where systemic interpretation becomes a powerful mechanism of power.

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