Abstract
The main purpose of the presented research project is to prepare an initiating answer to the present state of judicial integrity recognised as the top of legal professions and the legal system as such. The method comes mainly from the Oxford analytical jurisprudence, nevertheless, the historical and interdisciplinary approaches, as well as a legal practice, were taken seriously into consideration. The main theses and their scientific standpoints are: (i) at present, we are facing the disintegration of integrity; (ii) one of the sources of it lies in the very grounds of major jurisprudential terms, understood as parts of the Hartian internal point of view and that there are fundamental analytical paradoxes of integrity, generating practical dysfunctionalities; (iii) it is possible to solve main problems through a completely new approach: an ontological turn in the philosophy of law causing the idea of law as a concept and a new concept of integrity, namely ‘negative integrity’. It could be easily and effectively treated as practical support for firstly improving judicial integrity and secondly legal practice in general.
Highlights
Głównym celem prezentowanego projektu badawczego jest przygotowanie inicju jącej odpowiedzi na pytanie o obecny stan integralności sędziowskiej, pojmowa nej jako szczyt zawodów prawniczych i samego systemu prawnego
The main theses and their scientific standpoints are: (i) at present, we are facing the disintegra tion of integrity; (ii) one of the sources of it lies in the very grounds of major juris prudential terms, understood as parts of the Hartian internal point of view and that there are fundamental analytical paradoxes of integrity, generating practical dysfunctionalities; (iii) it is possible to solve main problems through a completely new approach: an ontological turn in the philosophy of law causing the idea of law as a concept and a new concept of integrity, namely ‘negative integrity’
The first one is the strict interrelation between the concept of judicial integrity and adjudication7, and the second one is the necessity for reinforcing judicial integrity in the United States and on a global scale, which nowadays is even more important and urgent
Summary
I am taking the ende avour, and simultaneously a risk, when it comes to revisited analytical classical thinking linguistically and intellectually It is possibly a considerable dangerous way to walk between Hart and Dworkin and between common law and civil law cultures, not to mention the ages of legal culture, but I am aware of dangers and open to criticism of such a solution. Let me transcribe it into a form that is decisive for the future understanding of negative integrity: concepts are defined in the judge-readable form to enable the sharing of objectified knowledge that is the result of the consensus of lawyers in a given field and the philosophy and theory of law.
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