When Ronald Dworkin used the metaphor of Hercules as a judge, he referred to the centuries-old heritage of European thought and its sources in Greek culture. The reference to the figure of a well-known, archetypal hero brought Dworkin’s concept of a judge-interpreter closer to modern readers. It also proved that ancient models, affecting the imagination, still play an important educational role. In this text, however, Dworkin’s choice of hero is questioned. Dworkin seems to see Heracles through post-Platonic and Stoic lenses, quite differently than the hero was presented in myths. This paper aims to present the broader educational value of heroes and myths. Following Dworkin’s example, an alternative is proposed: Theseus of Athens, most widely known for his victory over the Minotaur. However, the article draws attention to the lesser-known part of his biography, which is his qualities as a leader and king of Athens. The analysis of the character of Theseus based on available literary sources will make it possible to observe the desired characteristics of a leader and his relationship with the society within a state considered democratic. It aims to demonstrate that power, authority, and democracy are not set in an antagonistic triangle but rather complement each other. At the same time, it also points to the constant relevance of the myth, which, thanks to its continuous impact on the imagination, can serve as an important educational tool also in modern times – just as it was used by Dworkin. 

* This research was funded in whole or in part by „National Science Centre, Poland”, MINIATURA-5, grant no. 2021/05/X/HS5/00293. 

This paper examines certain history-making and memory-making practices that allow us to see how the past may be animated. These practices are: first, the Ancient Greek sophistic arts, as exemplified by Gorgias’s Encomium of Helen, and as revived, in dialogue form, in Renaissance humanism; and second, Ancient Greek, Ancient Roman, and medieval memory arts, with particular attention to the composite generative imagery of those arts. Animating the past – as these practices of history-making and memory-making do – is of great epistemic and political value to communities: it enables acts of argument and judgement, and, more generally, it is vital for vibrant democracies. The paper signals, albeit only briefly, how these practices are also intertwined with legal history, and in particular the history of legal reasoning, suggesting some ways forward, in future work, for investigating the entangled histories of history-making, memory-making, and law-making.

Christology at a Crossroads – Heterodox Motives of the Imperial Political Theology in the 10th and 11th Centuries

The aim of this article is to present how heterodox, Christological constructions, arising from the controversies surrounding Chalcedonian dogma, existed in the 10th and 11th centuries in Western political thought. These constructions are described from two perspectives that were especially important for shaping the political doctrine of German emperors. Firstly, the illustration of the Aachen Gospels is mentioned because it symbolically contains the principles of the political theology of the Ottonian Empire. Secondly, the views of the Norman Anonymous, who wrote during times of intensified Caesarean propaganda in connection with the dispute with the papacy that took place in the 11th century, are analysed

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.

Ideological and Legal Conditions of Communists’ Housing Policy in the Early People’s Poland

The end of World War II entailed numerous social problems, one of which was the shortage of housing to meet the basic living needs of Polish society. The communists, who were then taking over political power in Poland, faced a challenge of finding a quick solution to the problem. They were hampered in this regard since they could only use methods which were consistent with Marxism-Leninism ideology. The article presents the legal and ideological basis of the Polish Communists’ housing policy in the early existence of the People’s Poland.

War in the Teaching of Pope Francis: Is the Teaching of the Catholic Church Changing?

The issues of “war” and “peace” are a constant aspect of Pope Francis’ teaching. The aim of this paper is to determine whether Francis’ stance on war is a continuation of the hitherto realistic view of this phenomenon found in the teaching of the Catholic Church or whether it has come closer to idealistic notions. The research focuses mainly on an exegesis of the statements of Jorge Mario Bergoglio (Pope Francis) and to a lesser extent an interpretation of his actions and omissions. We conclude that, in the case of the current pope’s teaching, we are dealing with a modification of the approach to war and peace adopted in the doctrine of the Roman Catholic Church, consisting in the formal acceptance of the idea of a „just war” combined, however, with the imposition of important limitations on it. Similarly to apologists of pacifist humanism, Francis demonstrates an optimistic belief in the possibility of building a world order without violence. Significantly, he attempts to combine the promotion of pacifist ideals with an appeal to Christian moral principles. This rather intellectually daring ideological juxtaposition, freely treating both historical circumstances and contemporary events, provides Francis with a starting point for analysing and assessing the current destabilisation of the world order in international relations. In our view, Francis assumes that the main contemporary sources of war lead to human exclusion (in various aspects of existence) and the degradation of nature. For Francis, therefore, the vindication of a state of peace and thus the unconditional abandonment of war depends directly on the quality of life of the human race and the connected capacity of the ecosphere. At the same time, Francis avoids recognising Russia as a state that has attacked another state (Ukraine). This, and the avoidance of drawing consequences from the assumption of man’s original sin-contaminated nature, makes Francis’ teaching on war internally incoherent.

The transcription form this debate was prepared by Dr. Anna Ceglarska (Department of the History of Political and Legal Doctrines), and published in Cracow Studies of Constitutional and Legal History 15, issue 4 (2022): 625–43.