Political and legal doctrines as a teaching subject at legal studies in the Third Polish Republic

Abstrakt

The article presents a historical analysis of the content of one subject offered since 1956 to the Polish students of law, namely the “History of political and legal doctrines.” Until the 1989 this subject was treated as an introduction and presentation of only false, non-scientific ideas, confronted with the only true Marxist theory of law and state. After 1990 the subject called “Political and legal doctrines” or “Political and legal ideas” was steadily developing, it gave the broad knowledge of different political ideas like liberalism, conservatism, socialism as well as knowledge of different understanding of law, beginning with natural law, positivism and so on. At the same time the subject was depreciated and treated as a second rank, the score for students steadily diminished or the subject became non-obligatory. The article describes the long discussion of researchers and academic teachers of “Political and legal doctrines” at the faculties of law, focusing on the content of subject, the scope of coursebooks, the methodology of research and the methods of teaching. But the most important argument is, that “political and legal doctrines” became actually – together with history of law – almost the only subject, giving the students understanding and knowledge about the connection between philosophy, social science and law. The vast horizons seem necessary for lawyers, if they don’t want to be excessive positivist and dogmatic practitioners of statutes. The knowledge of different doctrines should allow them in future to have critical and broaden attitude to statutes. The conclusion is, that without the studying of “Political and legal doctrines” the studies of law change into simple dogmatic legal training.