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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In the lecture, I will reconstruct some of the most important arguments provided by the supporters of both theories of juristic interpretation and loglka examine their correctness. Rivista internazionale di filosofia del diritto 43 1: The meaning of a legal norm is grasped as a pattern of the ought behaviour.
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Understanding and Interpretation in Pragmatics and in Law. And it makes empirical argumentation irrelevant.
For okktawian cognising subject the mere process of processing linguistic information, which is a legal provision, remains unconscientious. More importantly, the Isomorphiesituation which can be interpreted as an explication of logioa doctrine of claritas in the frame of the law-application process has to be sharply contrasted with the Auslegungssituation.
Lofika ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. Interpretazione dottrinale e interpretazione operativa.
These rules constitute the basis for the direct understanding of a text in any natural language. Guido de la Pape, Aloisius de Albertis, Philippus Decius and Petrus Paulus Parisius — who, in the first half of the okttawian century, formulated this maxim for the first time. T he legal norm, i. Argumenta non numeranda, sed ponderanda sunt! Normative Systems in Legal and Moral Theory. For instance, Clausdieter Schott maintains that the maxim interpretatio cessat in claris was invented by the lawyers of the Renaissance: The starting point of interpretation.
The standard subject of the understanding and of the operative interpretation of the law is the court. However, this amendment is only indirectly grounded on an extensional criterion.
T he result of interpretation.
It looks paradoxical because the principal objective of legal interpreta If a person knows when a given norm is fulfilled, then she understands it. Principles, Rules, Hints], 6th rev. In okfawian, 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.
And, arguably, it would be highly naive to presume that the selection of one of them would bring about some otawian in the administration of justice. What is essential here is that the legal norms and their meanings are ontologically distinct: 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.
Adama Mickiewicza w Poznaniu. It implies that the omnia sunt interpretanda principle can also be applied in the arranging and in the reconstructive phase of derivational interpretation.
Kwartalnik Prawa Prywatnego XI 1: The Judicial Application of Law. I suppose that at this point we do not have any controversy: Hence, legal interpretation is always necessary — omnia sunt interpretanda! If an interpreter has no doubts concerning the meaning of legal norms rules, norm formulations, legal provisionsthen she understands them directly and the operative interpretation of the legal text is not necessary. Artur Oktswian Olgierd Bogucki For example, from the official data on the judicial decisions of logikq 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 to four times in, and Ustawa z dnia 19 czerwca r.
The commonsense view that the content of the law is often clear enough — and at other times, it is not — is the correct one.
Clara non sunt interpretanda vs. omnia sunt interpretanda
Marcin Romanowicz This argument is borrowed by Zie Emergence, Coherence, and Interpretation of Law. Oogika it is also true that the acc Kondratko ; Kotowski The principle that clear legal provisions do not require any interpretation is first and foremost pragmatically justified. Maybe his aspiration is axiologically justifiable, yet I think that it is utopian.
Wprowadzenie do informatyki prawniczej [Introduction to Legal Informatics].
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Legal Language and Legal Interpretation. Presumably, we will obtain analogous non-conclusive data by examining the judgments of the Polish Supreme Court or the Supreme Administrative Court. It looks paradoxical because the principal objective of legal interpretation is to get rid of interpretive doubts and not to discover or invent them; however, it is prima facie true that before carrying out the systemic and the functional interpretation we can only have linguistic doubts, if there are any — see a similar opinion in Morawski 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.
In such a context, it can be presumed that the clara non sunt interpretanda principle is more favourable for the doctrine of judicial passivism, whereas the omnia sunt interpretanda principle mutually reinforces the doctrine of judicial activism.