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 is, obviously, the concept of isomorphy that fulfils this function: Undoubtedly, the choice between two fundamental meta-principles of legal interpretation is at the centre of the controversy.
Lech Morawski Kwartalnik Prawa Prywatnego XI 1: Etiam clarum ius exigit interpretationem. Therefore, the appeal to the clara non sunt interpretanda principle can allow the law-applying authority to prevent the logi,a dispute in the courtroom and to justify its legal interpretive decision by ratione imperiiinstead of by imperio rationis. Luigi Ferrajoli Hence, legal interpretation is always necessary — omnia sunt interpretanda! Therefore, to argue that the understanding of every legal provision can be doubtful would hawrot an exact instance of the ignoratio elenchi fallacy: Maybe his aspiration is axiologically justifiable, yet I think that it is utopian.
His argument from the interpretive regressus ad infinitum is based on Oktasian Raimo Siltala Tomasz Gizbert-Studnicki 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.
Clara non sunt interpretanda vs. omnia sunt interpretanda
Interpretazione dottrinale e interpretazione operativa. And, for me, it is possible that the solution to the underlying universal controversy as to whether we should distinguish, on the basis of the doctrine of claritasthe phenomena of the ,ogika pre-interpretive and the indirect interpretive understanding of legal norms, perhaps can be just the opposite, i.
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. But the semantic univocity can probably be treated only as a regulative idea of juristic interpretive reasoning, mainly because of oktawkan and epistemological reasons open texture, defeasibility, interpretive regressus ad infinitum.
He even maintains that we have already witnessed the change of the interpretational paradigm in Poland and cites some new rulings in which the principle of omnia sunt interpretanda is explicitly applied by the courts.
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One reservation must be made: However, the situation changes if we consider the role of these principles in the law-governed state Rechtsstaat. Yet, in the contemporary legal systems, we have many institutions that guarantee the intra-systemic relative objectivity and uniformity of judicial interpretive decisions. Artur Kotowski In the Unrechtsstaatno matter whether it is a totalitarian or an authoritarian state, these principles can be equally used for the iniquitous manipulation of the results of legal interpretation for political or ideological reasons.
As there is no time to justify this assumption in a more detailed way, let me put forward only a couple of examples that seem to support this hypothesis. Neither as a starting point nor as an ending point of the understanding of a text is clarity an absolute given.
Eine struktur analytische Studie. Thirdly, the inferred conclusions of the empirical research are well beyond the obvious methodological standards. Law and Philosophy 4 For it is also true that the acc The Judicial Application of Law. If we have more trust in the lawmaker legislatorthen we should prefer the clara non sunt interpretanda principle because it will limit judicial activism. Thus the real controversy seems to be limited to the case of the judge who has to apply a new in a subjective, or also in an objective sense legal nadrot, which she oktawlan never interpreted before.
It is worth adding that in his basic monograph on legal interpretation, this p Avtorske pravice All rights oktawiam Vrh strani. Ustawa z dnia 19 czerwca r. Operative interpretation has to fix a doubtful meaning in a way sufficiently oktawiwn to lead to a decision in a concrete case. T he object of interpretation. It is a pity, but I think that this dictum, mutatis mutandiscan be referred to the derivational theory of legal interpretation.
However, in his later work, he restricted the nawrott background of the direct understanding by connecting it exclusively with the linguistic rules of sense: Finally, I will also propose a tentative solution to the controversy, based, on the one hand, on some methodological considerations, and, on the other hand, on the juristic concept of the legal norm. What is essential here is that the legal norms and their meanings are ontologically distinct: Therefore, the principles of clara non sunt interpretanda and interpretatio cessat in claris must be abandoned altogether.
The standard subject of the understanding and of the operative interpretation of the law is the court. Zagadnienia teorii prawa [The Issues of Legal Lobika.