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This is the English version of Jerzy Wroblewski's major work in
Polish, S dowe Stosowania Prawa (translated in his own preferred
terms as 'The Judicial Application of Law'). The present
translation arose out of a visit by the author to Scotland in 1989.
In that year, the Carnegie Trust for the Universities of Scotland
made it possible for Jerzy Wroblewski to spend six months as a
Carnegie Fellow in the Centre for Criminology and the Social and
Philosophical Study of Law at the University of Edinburgh. During
that time he took a notably active part in the intellectual life of
the Centre and the Faculty of Law. He gave freely of his time in
teaching and advising students and also produced a series of
original articles on topics connected with legal reasoning and law
and computers. His major task while he was here, however, was to
prepare a translation of S dowe Stosowania Prawa, and this he
accomplished to the extent of completing a preliminary draft. Zenon
Bankowski and Neil MacCormick were to help him in improving this
linguistically and preparing the final text for publication.
Wroblewski warned us, having finished his draft with great labour,
that the greater labour would be in the polishing of it. For we
would have, as he joked, 'to translate my English into English'.
And certainly, we found it extremely time-consuming, so as to defy
completion during his stay in Edinburgh.
Legal theory has been much occupied with understanding legal
systems and analysing the concept of legal system. This has usually
been done on the tacit or explicit assumption that legal systems
and states are co-terminous. But since the Rome Treaty there has
grown up in Europe a `new legal order', neither national law nor
international law, and under its sway older conceptions of state
sovereignty have been rendered obsolete. At the same time, it has
been doubted whether the `European Union' that has grown out of the
original `European Communities' has a satisfactory constitution or
any constitution at all. What kind of legal and political entity is
this `Union' and how does it relate juridically and politically to
its member states? Further, the activity of construing or
constructing `legal system' and legal knowledge becomes visibly
problematic in this context. These essays wrestle with the above
problems.
Legal theory has been much occupied with understanding legal
systems and analysing the concept of legal system. This has usually
been done on the tacit or explicit assumption that legal systems
and states are co-terminous. But since the Rome Treaty there has
grown up in Europe a `new legal order', neither national law nor
international law, and under its sway older conceptions of state
sovereignty have been rendered obsolete. At the same time, it has
been doubted whether the `European Union' that has grown out of the
original `European Communities' has a satisfactory constitution or
any constitution at all. What kind of legal and political entity is
this `Union' and how does it relate juridically and politically to
its member states? Further, the activity of construing or
constructing `legal system' and legal knowledge becomes visibly
problematic in this context. These essays wrestle with the above
problems.
This is the English version of Jerzy Wroblewski's major work in
Polish, S dowe Stosowania Prawa (translated in his own preferred
terms as 'The Judicial Application of Law'). The present
translation arose out of a visit by the author to Scotland in 1989.
In that year, the Carnegie Trust for the Universities of Scotland
made it possible for Jerzy Wroblewski to spend six months as a
Carnegie Fellow in the Centre for Criminology and the Social and
Philosophical Study of Law at the University of Edinburgh. During
that time he took a notably active part in the intellectual life of
the Centre and the Faculty of Law. He gave freely of his time in
teaching and advising students and also produced a series of
original articles on topics connected with legal reasoning and law
and computers. His major task while he was here, however, was to
prepare a translation of S dowe Stosowania Prawa, and this he
accomplished to the extent of completing a preliminary draft. Zenon
Bankowski and Neil MacCormick were to help him in improving this
linguistically and preparing the final text for publication.
Wroblewski warned us, having finished his draft with great labour,
that the greater labour would be in the polishing of it. For we
would have, as he joked, 'to translate my English into English'.
And certainly, we found it extremely time-consuming, so as to defy
completion during his stay in Edinburgh.
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