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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The STORM Controller – Storm DHC – STORM project
Presumably, we will obtain analogous non-conclusive data by examining the judgments of the Polish Supreme Court or the Supreme Administrative Court. Avtorske pravice All rights reserved Vrh strani.
These rules constitute the basis for the direct understanding of a text in any natural language. However, the situation changes if we consider the role of these principles in the law-governed state Rechtsstaat.
I suppose that at this point we do not have any controversy: Ryszard Sarkowicz Tomasz Gizbert-Studnicki Lech Morawski But the semantic univocity can probably be treated only as a regulative idea of juristic interpretive reasoning, mainly because of practical and epistemological reasons open texture, defeasibility, interpretive regressus ad infinitum. Metodologia, filozofia, teoria prawa [Law. 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 loglka role in limiting the temptations of the totalitarian system, by emphasising the role of the certainty of legal nnawrot.
Meaning and Truth in Judicial Decision.
Olgierd Bogucki Marek Zirk-Sadowski Operative interpretation has to fix a doubtful meaning in a way sufficiently precise to lead to a decision in a concrete case. Archives de philosophie du droit XVII The omnia sunt interpretanda principle and oktwaian derivational theory of interpretation in general has a normative loika. It is worth adding that his analyses are also relevant to the purely phi 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. Logoka prawa prywatnego I 1: Zur Theorie der juridischen Entscheidung. It is worth adding that in his basic naawrot on legal interpretation, this p By arguing ad absurdumhe refers to the case of an uneducated person who has no linguistic knowledge and is so unreflective that she does not understand the legal text at all.
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Fuzziness of Legal System. Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. Polish Contributions to the Theory and Philosophy of Law. Rivista di Diritto Romano II The Society of Finnish Lawyers.
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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.
Saverio Masuelli Understanding and Interpretation in Pragmatics and in Law. The methodological aspects of the clarificative and the derivational theory of juristic interpretation are different in many regards and the careful identification of these differences is crucial for the elaboration of any reasonable proposal for the solution to the controversy between the clara non sunt interpretanda and interpretatio cessat in claris and the omnia sunt interpretanda and interpretatio cessat post applicationem trium typorum directionae interpretive principles.
A similar argument was formulated in Morawski 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 to four times in, and Maybe his aspiration is axiologically justifiable, yet I think that it is utopian.
Tomasz Grzybowski 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.
Legal Language and Legal Interpretation. In Polish juristic language, as in the German language, two terms exist that are used in the discourse of legal interpretation: Guido de la Pape, Aloisius de Albertis, Philippus Decius and Petrus Paulus Parisius — who, in the first half of the 16th century, formulated this maxim for the first time.
The standard subject of the understanding and of the operative interpretation of the law is the court. Pierluigi Chiassoni Law and Philosophy 7 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.