Prawo jako opowieść. Zagadnienie mitu w interpretacji prawa

Anna Ceglarska

doi:10.17951/sil.2021.30.2.49-61

Abstract

<p>The fact that various myths influence the shape of law and the mythologization of some of its aspects is indisputable. In most cases, this process of “mythologization” is perceived pejoratively, leading to the establishment of groundless, irrational ideas and at the same time the rejection of “science” in favor of “fiction”. This article aims to propose a different approach to both the concept of myth and the mythologization of law, by referring to the classical, ancient understanding of the concept of mythos as a fable, story. Ancient Greek myth performed a function similar to the law, establishing some basic rules in society. Stressing its “narrative” side indicates that what matters is not so much a description of reality, but a process that emphasizes the relational nature of the community. Thus, relating the myth, just like reading the norm of law, is an interpretation of the event in the light of applicable principles and systems of values, while being also a continuous process of shaping social awareness. Interpreting the law as a story means that those who create and use it lose the luxury of simply remaining the “mouth that pronounces the words of the law” as Montesquieu stated, since they are supposed to care not only for its implementation, but also for the quality and conviction of citizens as to its validity. The proposed form of reading the law as a myth-fable, political myth therefore is a search for a plot, understood as a possibility to act, to respond to the needs and problems of the changing world as well as the development of “the political” politics and education of citizens.</p>

Highlights

The statement that the law has its source in myths only appears to be a trivial one
The ostensible “rationalization” of the discourse and the positivist approach do not limit the mythical thinking about law, but themselves become a new legal myth – how else may we define the belief that social, political and even economic problems can be solved by introducing a specific regulation, and that the new norm will automatically change social attitudes? This issue was clearly presented by Peter Fitzpatrick, who stated that the law itself is a form of
U The aim of this study is to propose a new approach to the analysis of law, by perceiving law as a myth, but in its ancient Greek sense – as a fable, a certain activity within a community, as a theoretical set of more or less actual principles

Summary

INTRODUCTION

The statement that the law has its source in myths only appears to be a trivial one. For somehow it seems that unification of “mythology” with a broader concept of “culture” and “tradition” is automatically carried out, and these factors undeniably influence the shape and manner of legislation. Because a myth is a fable itself, but the form of acting ON the fable, the law understood is inscribed in society, its values, needs, traditions and history, and at the same time does not remain obsolete, because, like every story, it remains susceptible to interpretations that allow it to react to the current problems, and cannot be reduced only to a set of documents. Such understood mythologization is about creating exemplary models of actions that can only be recreated or imitated,.

CONCLUSION

Literature