The role of law textbooks in the teaching and application of methods of legal interpretation in Poland (in historical and contemporary perspective)

Abstract

The purpose of this article is to explain the role of legal interpretation in Poland in the context of its teaching and application, resulting from the way legal interpretation is presented in law textbooks. This explanation is based on the following theses: (1) the contemporary way in which law is taught in Poland, in particular law interpretation and its impact on the application of law, is due to historical and political conditions. (2) Polish law textbooks do not show the political and worldview context of the law, which results in an unawareness of the legal-political role of legal interpretation, (3) the current state of Polish law teaching, in particular textbooks, contributes to an increase in the importance of the so-called judicial interpretation and the related threats to the teaching and application of law. Clarification of the indicated theses will not only allow us to understand the current role of law textbooks in teaching the method of civil law interpretation, but also to show the potential direction of development of legal theory. It is therefore important to pay attention to the broader context, which is the way law teaching is practiced in Poland and its impact on the application and development of law, as well as on legal awareness and the level of legal culture.