Published Online: Dec 21, 2019
Page range: 96 - 105
DOI: https://doi.org/10.2478/ppsr-2019-0016
Keywords
© 2019 Andrzej Czajowski, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.
Though the term “policy” has already been discussed extensively before, it appears to be in need of a critical review in meaning and context. In this essay, the criticism stems from the term “policy of the law”, which was introduced into the political science literature over 120 years ago by Leon Petrażycki, the outstanding creator of psychological theory of the law and the only world-known Polish lawyer. The term itself is false and incorrect as it’s equal to the term “policy of the policy”. Law is a political phenomenon cocreating policy. In addition, the concept of policy of the law is characterised by idealism bordering on naivety. Because of the place of L. Petrażycki in Polish tradition of the theory of law, references to his concept of policy of the law are made constantly in an attempt to apply this concept in scientific and practical considerations. It is time to leave it to the domain of history of legal theory.
Another criticism was brought about by the title of the third chapter of Polish Energy Law Act — “Energy Policy”. This entire act and a number of other legal acts regulating the acquisition of energy sources and energy management comprise energy policy. The energy policy also includes various types of programs, actions and decisions of the participants of energy policy. The criticism of the incompetent use of the term “energy policy” is an opportunity to stress the role of policy in the process of meeting human needs.
Thirdly, the term “policy” is determined by discussing an element of its structure: political thought. The essay presents the role of political thought in relation to economy, culture, independence, systems and other domains of human activity. The understanding of political thought as a reflection on policy or views on policy is questioned here. Political thought is not a reflection about the policy. Instead, political thought is a political decision which cocreates policy. It is a postulative decision resulting from scientific or common reflection on policy.