Law (and its interpretation) and civil society - evolution and attempt to assessment of the relationship in the light of reflections on the recent parliamentary elections

Abstract

Objectives The aim of the article is to present the evolution of the relationship between the concepts of law and society from the post-war period to the present day and its consequences for contemporary political and legal culture, due to the pre-election period, influence of ideology, politics and the contemporary method of (making and) interpreting of law on the weakening of democracy. Material and methods It builds on historical-descriptive studies of legal theory, supplemented by the considerations of political and social science- to explain how the political assumptions determined the legal theoretical framework of law (and its interpretation), society. Results Considerations explain the relationship between law and society in the post-war history of Poland. The assertion made as a starting point that the conception of law is always linked to the conception of society and is strongly influenced by it in practice is reflected in the historical and political experience, as a result of which political lawmaking occurs in Poland today, with negative consequences for social and economic development. Conclusions The post-war 'partyisation' of the law contributed to the view of society as a concept expressing the political interests of parties, and, after the political transition period, to the creation of civil society as an opposition against the totalitarian socialist state, built on a political and ideological identity. In this way, modern society has become an instrument of ideological struggle, used to achieve political goals and subordinate law and society to them. This is vividly expressed in the period around elections, when political polarisation replaces rational thinking with electoral emotions, with the aim of winning the elections.

Keywords

• law
• civil society
• interpretation of law
• elections
• theory of law