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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Surely not, since he can still maintain that even if the direct understanding of legal texts is possible, it is never sufficient to arrive at the Isomorphiesituationbecause — as he indeed argues 83 — it is hardly possible to identify any example of the lex clara in the texts of positive law. T he legal norm, i. The Society of Finnish Lawyers.

In both cases, the conviction that the rule of law has been broken can easily arise on the side of the citizen. Kwartalnik Prawa Prywatnego XI 1: 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.

Clausdieter Schott Wydawnictwo Naukowe Uniwersytetu im. The commonsense view that the content of the law is often clear enough — and okfawian other times, it is not — is the correct one.

Oxford Studies in Philosophy of Law: And it makes empirical argumentation irrelevant. These rules constitute the basis for the direct understanding of a text in any natural language.


Clara non sunt interpretanda vs. omnia sunt interpretanda

The meaning of a norm a pattern of the ought behaviour sufficiently determined for deciding a given legal case. Ustawa z dnia 19 czerwca r.

This argument is borrowed by Zie I have assumed that the basic problem that underlies the Polish controversy is not parochial, but universal. Law and Philosophy 4 Interpretacja jako proces dekodowania tekstu prawnego [Interpretation as a Process of Decoding Legal Text].

Raimo Siltala And, arguably, it would be highly naive to presume that the selection of one of them would bring about some progress in the administration of justice. The standard subject of the understanding and of the operative interpretation of the law is the court. He distinguished interpretation sensu largissimo SL-interpretationinterpretation sensu largo L-interpretation and interpretation sensu stricto S-interpretation.

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.

Neither as a starting point nor as an ending point of the understanding of a text is clarity an absolute given. By arguing ad absurdumhe refers to the case of an uneducated person who has no linguistic knowledge logiia is so unreflective that she does not understand the legal text at all. T he purpose of interpretation. In some cases, it is unclear what the law says, and interpretation is called for.

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What is still more important is that the semantic univocity of a given legal norm does not imply its pragmatic clarity: If a person knows when a given norm is fulfilled, then she understands it. The adherents of these two principles maintain that they not only defined the paradigm of legal interpretation in Poland, but are still the important elements of the Polish legal culture 96 and are commonly accepted by Polish judges. Is the direct understanding of a legal text possible at all?


Pierluigi Chiassoni Andrzej Municzewski 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. Normative Systems in Legal and Moral Theory. The Judicial Application of Law. Statute of 19 April ]. In my opinion, however, the above evaluations and empirical argumentation are based on interpreted facts, and — more importantly — the samples of judicial decisions, to which the opponents refer, are not representative at all.

Seznam navedenk Olgierd Bogucki W e can take for granted that the direct understanding of legal provisions is empirically possible.

Saverio Masuelli However, the situation changes if we consider the role of these principles in the law-governed state Rechtsstaat. 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.

Alle origini del brocardo. Studia prawa prywatnego Pogika 1: