Myśl polityczno-prawna jako element argumentacji w mowach sądowych. Uwagi na marginesie procesu komunistów we Lwowie (1922–1923)

Abstract

Legal-political Ideas as Elements of Argumentation in Court Speeches – Remarks on the Communists’ Trials in Lwów (1922–1923) The legacy of legal-political ideologists is seldom used as an element of argumentation in court. The situation is different in proceedings focussing on political crimes, in particular, the trials taking place in disruptive moments of history. One of such moments was the period after Poland regained independence, when the Soviet Union posed not only a military threat, but also one of doctrinal influence. The objective of the paper was to verify the hypothesis that the trial of communists which took place in Lwów in late 1922 / early 1923 (known as the St. Jura trial) was significant not only in terms of its legal-criminal aspects, but was also important from a historical and doctrinal perspective. The verification of the hypothesis was based on the analysis of court speeches, especially their elements including references to the legacy of legal-political ideas. Additionally, the paper presents legal-political ideas as highly argumentative material that may be, and perhaps should be, used in legal practice today.