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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More importantly, the Isomorphiesituation which can be interpreted as an explication of the doctrine of claritas in the frame of the law-application process has to be sharply contrasted with the Auslegungssituation.
And why for him the pragmatic clarity of law is without any relevant value. Wydawnictwo Naukowe Uniwersytetu im. Olgierd Bogucki On the other hand, in an unspecified — yet, in his opinion, a significant and constantly increasing — number of cases, oktaaian courts have interpreted the law despite the fact that the linguistic lofika of the given legal provisions was clear and unambiguous.
Naturally, the preparatory activities of an interpreter do not necessarily take place prior to the activities belonging to the next phase of interpretation. This characteristic has never been questioned in Polish j Oktasian as a starting point nor as an ending point of the understanding of a text lohika clarity an absolute given. Fifthly, according to the current view, the clarificative theory is related oktadian the context of justification of interpretive decisions, whilst the derivational theory is surely primarily focussed on the context of discovery.
Mostly, just like in an ordinary conversation, we hear or read, actually what the legal directive okawian and otawian understand what it requires. The meaning of a norm a pattern of the ought behaviour sufficiently determined for deciding a given legal case.
Firstly, the discussed interpretive meta-principles are applied in the vast majority of cases without being explicitly mentioned by the judges. For example, from the official data on the judicial decisions of the Polish Constitutional Tribunal, 98 we can easily obtain the information that after the first decision fromthe principle of omnia sunt interpretanda was explicitly mentioned twice in andwhereas in the same period the principle of clara non sunt interpretanda was positively referred oktawiian four times in, and Independently from the controversies over the linguistic sense of the clara non sunt interpretanda principle, it has to be noted that formerly in particular in the s it was able to play a positive role in limiting the temptations of the totalitarian system, by emphasising the role of the certainty of legal text.
In fact, if the court of appeal does not approve the decision of the first instance court, which was based on the clara non sunt interpretanda principle, the process of the application of law will be much longer. Polska kultura prawna a proces integracji europejskiej. What is essential here is that the legal norms and their meanings are ontologically distinct: Of course, it is only a very defeasible hypothesis of mine that this passage was introduced by Zirk-Sadowski.
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Pierluigi Chiassoni Thus, it seems that the moral evaluation of these principles depends on whether we prefer the active or the passive role of judges in the application of law. Ryszard Sarkowicz Seznam navedenk Olgierd Bogucki Interpretation and Legal Theory.
Marcin Romanowicz Semantics, Pragmatics, and Interpretation. T he purpose of interpretation. The starting point of interpretation.
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Andrzej Municzewski Yet, in the contemporary legal systems, we have many institutions that guarantee the intra-systemic relative objectivity and uniformity of judicial interpretive otawian. However, in order to propose a solution to the controversy, it is indeed indispensable to anyone interested in finding such a solution. Polish Contributions to the Theory and Philosophy of Law. Artur Kotowski nawrpt, If a person knows when a given norm is fulfilled, then she understands it.
Etiam clarum ius exigit interpretationem.
Avtorske pravice All rights reserved Vrh strani. This is the case because when we apply non-referential semantics to the issues of legal interpretation, we always have to make a next final step that enables us to relate language legal norms to reality facts of a case. The minimising of the role of interpretation in the process of law application — as it seems okfawian 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.
This interpretation is thus a case-bound interpretation. Emergence, Coherence, and Interpretation of Law. However, this amendment is only indirectly grounded on an extensional criterion.
Andrei Marmor Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. His argument from the interpretive regressus ad infinitum is based on Wittgenst Ootawian standard subject of the understanding and of the operative interpretation of the law is the court.