Oktawian Nawrot. Department for Logic, Methodology and Philosophy of Science , University of. Gdansk .. Ziembiński Z., Logika praktyczna¸ Warszawa Wprowadzenie do logiki dla prawnikow [StpieSporek Anna Nawrot Oktawian i deontycznych a takze logika erotetyczna Najnowsze wydanie uzupelnione. , p. , Oktawian Nawrot and Filip Przybylski-Lewandowski, Wnioskowania , Chaim Perelman, Logika prawnicza: Nowa retoryka.
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T he purpose of interpretation. By arguing ad absurdumhe refers to the case of an uneducated person who has no linguistic knowledge and is so unreflective that she does not understand the legal text at all.
Ryszard Sarkowicz Principles, Rules, Hints], 6th rev. It is argued that his conception is utopian and not recommendable, due to unacceptable conceptual and practical consequences. Methodology, Philosophy, Legal Theory].
Przepis prawny a norma prawna [Legal Provision and Legal Norm]. Hence, legal interpretation is always necessary — omnia sunt interpretanda!
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Folia Iuridica 32 Adama Mickiewicza w Poznaniu. I have assumed that the basic problem that underlies the Polish controversy is not parochial, but universal. Tomasz Gizbert-Studnicki But the semantic univocity can probably be treated only as a regulative idea of juristic interpretive reasoning, mainly because of practical and epistemological reasons open texture, defeasibility, interpretive regressus ad infinitum. I suppose that at this point we do not have any controversy: However, in his later work, he restricted the cognitive background of the direct understanding by connecting it exclusively with the linguistic rules of sense: T he legal norm, i.
The omnia sunt interpretanda principle expands the power of the judges by increasing the possibility of the application of various interpretive techniques especially extra-linguistic oneswhich the citizens simply do not know. Raimo Siltala Secondly, providing that it is a public agent authority whose doubts are decisive for the assessment as to whether lex clara estit also implies the possibility of meaning manipulation by granting enormous discretionary power to the public agents.
Indeed, this principle determines not only the manner of interpreting legal provisions, but also the ultimate end of legal interpretation, which cannot be successfully achieved in legal practice, since — as Zygmunt Tobor plausibly argues — the result of the derivational legal interpretation i.
Wydawnictwo Naukowe Uniwersytetu im. Law and Philosophy 7 The starting point of interpretation. A similar argument was formulated in Morawski Alle origini del brocardo. If a person knows when a given norm is fulfilled, then she understands it.
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Understanding and Interpretation in Pragmatics and in Law. Tomasz Grzybowski Naturally, the preparatory activities of an interpreter do not necessarily take place prior to the activities belonging to the next phase of interpretation. And it makes empirical argumentation irrelevant. One reservation must be made: It looks paradoxical because the principal objective of legal interpreta This provision established the legal consequences of a basic type for the crime of intentional killing murderby simply stating that: Thus, it seems that if a judge wants to be active, the principle of clara non sunt interpretanda may not be sufficient to prevent her from embarking on a creative interpretation of the law.
Luigi Ferrajoli Metodologia, filozofia, teoria prawa [Law. Mostly, just like in an ordinary conversation, we hear or read, actually what the legal directive says and thereby understand what it requires. What is essential here is that the legal norms and their meanings are ontologically distinct: It is a pity, but I think that this dictum, mutatis mutandiscan be referred to the derivational theory of legal interpretation.
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Marcin Romanowicz If we have more trust in the lawmaker legislatorthen we should prefer the clara non sunt interpretanda principle because it will limit judicial activism.
He points out that we can identify the doubts, which justify the thesis that lex non clara estonly if we engage in legal interpretation. The paper addresses a contemporary Polish debate on the limits and functions of juristic interpretation of law.
Moreover, the process of judicial law application can be speeded up by other means that are morally less risky.