Przegląd Prawa Rolnego, 2008 Nr 2 (4)

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Sprzeczności rozwojowe prawa rolnego
(Wydawnictwo Naukowe UAM, 2008) Budzinowski, Roman
The existing literature on agricultural law has already taken account of the main tendencies observed in its development (such as dynamics, expansion, publicisation and institutionalisation). Their common feature is that the changes that take place always go in one direction. However, as it turns out, there are also changes that go in the opposite direction, thus being contradictory to the other ones. Those changes, called development contradictions or contradictions of the development of agricultural law, are the subject of this paper. The paper analyses those development contradictions that determine the specificity and place of agricultural law in the legal system. These are directions of changes in agricultural legislation that are termed: agrarisation and de-agrarisation, universalism and particularism, tradition and modernity. The role of the legislator is to choose between different, including contradictory, ways of regulating those issues. On the other hand, from the dynamic point of view the situation of agricultural law may be described as something between agrarisation and de-agrarisation of the social relationships in agriculture, between universalism and particularism, or between tradition and modernity.