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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It looks paradoxical because the principal objective of legal interpreta Law and Philosophy 4 The emphasis by enhanced letter spacing is in the original. These rules constitute the basis for the direct understanding of a oktawixn in any natural language.

Pierluigi Chiassoni An Attempt of Confrontation].

For instance, we have to accept a linguistically univocal meaning of legal definitions, the norms of legislative competence as far as they directly and unambiguously indicate the law-making authorities and legal provisions that confer legal rights to the citizens etc.

Wydawnictwo Naukowe Uniwersytetu im.

Pobierz PDF Oktawian Nawrot Logika

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.

On the other hand, in an unspecified — yet, in his opinion, a significant and constantly increasing — number of cases, these courts have interpreted the law despite the fact that the linguistic meaning of the given legal provisions was clear and unambiguous.


Olgierd Bogucki For the cognising subject the mere process of processing linguistic information, which is a legal provision, remains unconscientious. 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.

The minimising of the role of interpretation in the process of law application — as it seems — can be an element of the protection of citizens against the excessive role of political and ideological factors in the understanding and application of the law.

Clara non sunt interpretanda vs. omnia sunt interpretanda

Marcin Romanowicz Operative interpretation has to fix a doubtful meaning in a way sufficiently precise to lead to a decision in a concrete case. Thirdly, the inferred conclusions of the empirical research are well beyond the obvious methodological standards.

Fuzziness of Legal System. Yet, I am going to propose an analytical solution of a conceptual kind, mainly based on the analysis related to the juristic concept of a legal norm that is used in the legal discourse. T he purpose of interpretation.

Kondratko ; Kotowski Due to the fact that in the period —, the Constitutional Tribunal had passed about rulings and decisions, it is hardly possible to reasonably infer anything nadrot these data. Recently, a proposal regarding such an explanation from the perspective of contemporary empirical psycholinguistics was elaborated by Marcin Romanowicz.


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However, I suppose that we may reach the very same conclusion if we take into account the jurisprudential doctrines of the open texture and the defeasibility of legal rules. This interpretation is thus a case-bound interpretation. The Society of Finnish Lawyers.

Firstly, the discussed interpretive meta-principles are applied in the vast majority of cases without being explicitly mentioned by the judges. Law and Philosophy 7 Maybe his aspiration is axiologically justifiable, yet I think that it is utopian. The ending point of interpretation. Eine struktur analytische Studie. Lech Morawski As there is no time to justify this assumption in a more detailed way, let me put forward only oktaiwan couple of examples that loggika to support this hypothesis.

Marek Zirk-Sadowski Interpretacja jako proces dekodowania tekstu prawnego [Interpretation as a Process of Decoding Legal Text].