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Finally, should one, and to what extent, concern oneself with theories of Maria Z m i e r c z a k 188 law since they are frequently taken into account by law theorists, such as Formuła Radbrucha [The Radbruch formula] by Jerzy Zajadło, for instance. Should one adhere to chronology? Or should one create a coursebook, especially in the part concerning the 19th and 20th century, in such a way as to present the evolution of, e.g., liberalism, conservatism, socialism or the social doctrine of the Catholic Church? It is worth pointing out that it was considered how the term of natural law and the term of liberty have been changing and how differently they are explained in various doctrines. Finally, the issue of sources presented itself: should one draw on philosophy, or on the theory of law, or on the theory of the state? However, the most important problem was the issue of the scope of the subject matter that the lecture should encompass: should one deal with the European thought or with the Euro-Atlantic one and present its development, which was also based on Christianity after all, and later on the social and political teachings of Luther, Calvin, or of the Catholic church; or should it also take into consideration the culture of the East or be based on Islam? Mirosław Sadowski, who is particularly active in that last matter, emphasizes that familiarizing oneself with the political doctrine of Islam is especially important in the globalization period as it is connected with the confrontation of the Christian culture with the Islamic culture, similarly to the political culture of the East, as a confrontation with China and with the East awaits us, but definitely not with the political culture as it has been individualistic from the earliest of times.37 Finally, a question pertaining to the sources arises: should one research only the great thinkers and their works, or should one also take into consideration political party programmes, collections of papers, etc. Another question: should one concern oneself with the concepts of the state which are still applied, namely the human rights concept, the separation of powers concept, the concept of liberty, or should it simply present the historical development? What should be researched: the thought or its social interaction which could have been conducive and was conducive to change? It commenced with the change of the term “doktryna” [doctrine]. First and foremost, the term “historia” [history] was removed from the name of the subject. The latter stemmed from the curriculum which included political and legal doctrines as well as views of legal academics. It happened in 2007 but, as the freedom to create curriculums was reinstated, the word “history” did not disappear from the name of the subject everywhere. It is this author’s personal opinion that the term “doktryna” [doctrine] has its justification as I find Professor Peretiatkowicz’s 37 M. Sadowski, Pomiędzy Kiplingiem i Saidem. Myśl polityczno-prawna w dobie globalizacji [Between Kipling and Said. The political and legal thought in the period of globalization] [in:] I. Barwicka-Tylek, A. Czarnecka, M. Jaskólski, J. Malczewski (eds.), Myślenie o polityce i prawie... [Thinking about politics and law...], pp. 109–121. POLITICAL AND LEGAL DOCTRINES AS A TEACHING SUBJECT AT LEGAL STUDIES... 189 explanation extremely convincing. Moreover, it has one advantage: a doctrine does not have to be expressed in a grand philosophical system and yet it contains clear notions pertaining to how a state and society are to be organized, and what law should be. “Idea” [Idea] is too broad a term for jurisprudence. The problem lies in the fact that the term “doctrine” has such an unambiguous connotation with indoctrination that, first, the term history was disposed of quickly and, later, doctrine was substituted with “myśl” [thought] or with “idea” [idea]. Secondly: do we deal with any views, or with such views which have endured or maybe which have guided thinking as well as real systems of government, such as liberal democracy, totalitarianism, or authoritarianism. An issue of substantial proportions is also the question regarding the place of Polish authors and of the Polish political thought as it is very frequently identified with the current politics of memory, especially when it is colloquially said that everybody else can learn democracy from us, and noble’s democracy is frequently presented as an argument. On the one hand, it is obvious that it is worthwhile to recall the forgotten Polish thinkers. On the other hand, they should not be presented without portraying a historical background and without a confrontation with other parallel cultures. If one remembers that law was in reality above the king in Poland, then it is also worth mentioning the practice of applying law which was not really that good. The last part is frequently connected with the remembrance of the classics of the Polish political thought. Just to give an example, one can recall a series in which all the works by Aleksander Fredro and other Polish authors were published. However, a problem pertaining to selection arises here. Should the lecture include the Polish tradition of political thinking and to what extent if the answer is in the affirmative. The currently binding coursebooks reflect the interests of their authors. The contents of the lecture most frequently encompass the European or Euro-Atlantic political thought. Admittedly, chapters pertaining to the legal thought from outside of Europe are added once in a while. For instance, one can encounter this in Janusz Justyński’s coursebook in the chapter entitled “U źródeł cywilizacji i refleksji politycznej” [At the source of civilization and political reflection]. The book’s chapters 1 to 5 contain a description of “Refleksja polityczna w myśli starożytnego Egiptu” [The political reflection in the thought of Ancient Egypt], “Refleksja polityczna ludów Mezopotamii” [The political reflection of the peoples of Mesopotamia], “Refleksja polityczna Chin starożytnych” [The political reflection of ancient China], “Myśl polityczna Indii starożytnych” [The political thought of ancient India] as well as “Główne wątki refleksji politycznej dawnego Izraela” [The main points of the political reflections in Israel of old].38 More38 J. Justyński, Historia doktryn polityczno-prawnych [The history of political and legal doctrines], Toruń 2000 (1st edition: 1997), pp. 27–48. Maria Z m i e r c z a k 190 over, Lech Dubel devoted two chapters to remind readers the political and legal doctrines of ancient China and “Poglądy polityczno-prawne Wschodu” [The political and legal views of the East] (Mesopotamia, Buddhism, Judaism).39 The remaining coursebooks are rather justified in their focus on the European thought as it grew out of the tradition of Ancient Greece, Rome, and Christianity. More attention is also devoted to the Christian thought, to the contemporary one as well, which is in accordance with democracy and with free conscience, which is significant after all. On the one hand, there are researchers who concern themselves with the study of the political and legal thought of particular authors. Numerous monographs have been created, such as the ones about Benjamin Constant, John Stuart Mill, Ferguson, Trocky, and Lenin; the thoughts of Hume and Spencer have been analyzed. On the other hand, essays have been created which present Russian constitutionalism; the political and legal thought of Poland, Germany, France, Russia, and the USA; conservatives and libertarians; the justice of law; contemporary versions of the welfare state, or of servicing administration. The author of the article would like to apologize at this point to all the authors who were not mentioned. However, it would probably be necessary to create a complete bibliography of the subject in order to do that, which is not possible due to space constraints. Nevertheless, it is certain that all of this knowledge pertaining to the thinking about the state and law cannot be present in a university textbook. III. THE METHODOLOGICAL AWARENESS OF RESEARCHERS AND THE STATE ACTIVITY WHICH INFLUENCE THE POSITION OF THE SUBJECT IN THE CURRICULUM OF LEGAL STUDIES Those conducting research into the political and legal thought at the faculties of law at Polish universities have an extremely developed methodological awareness. Firstly, they have the awareness that they are most concerned with various justifications of the creation of the state and the scope of the state authority as well as with the issue of the power of the existing law. However, they do not necessarily concern themselves with the issue of theological differences between Saint Ambrose and Saint Augustine if they bear no significance in relation to the justification of the rationale behind the existence of the state according to these thinkers. Also, contrary to politologists, they are not necessarily interested 39 L. Dubel, Historia doktryn politycznych i prawnych do schyłku XX wieku [The history of the political and legal doctrines until the end of the 20th century], Warsaw 2009 (1st edition: 2005), pp. 29–44. POLITICAL AND LEGAL DOCTRINES AS A TEACHING SUBJECT AT LEGAL STUDIES... 191 in the current programmes of political parties but they are rather interested in from which doctrines and from which thinkers those who influenced the shape of the state and its system of government drew on. They are interested in those ideas which influenced the shape of particular systems of government or organized political life according to certain principles, for example, such as social Darwinism or Marxist-Leninism, rather than in the specific shape of the Cuban system of government and the views of Fidel Castro, for instance. Methodological problems have a very important position in the materials from the Wrocław and Cracow conferences. Above all, it is worth mentioning an article by Marcin Niemczyk entitled His

Political and legal doctrines as a teaching subject at legal studies in the Third Polish Republic