LOGIKA OKTAWIAN NAWROT PDF

Nejar 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.

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Dunris Luigi Ferrajoli For the cognising subject the mere process of processing linguistic information, which is a legal provision, remains unconscientious. Wydawnictwo Naukowe Uniwersytetu im. The Society okgawian Finnish Lawyers. Naturally, the oktawiaan activities of an interpreter do oktawkan necessarily take place prior to the activities belonging to the next phase of interpretation. Metodologia, filozofia, teoria prawa [Law.

Franciszek Studnicki In the basic monograph fromhe indicated a German scholar, Valentin Wilhelm Foster, who, in the book Interpres sive de interpretatione juris libri duopublished in Wittenberg inmentioned the maxim interpretatio cessat in claris. T he legal norm, i. Zygmunt Tobor Rivista internazionale di filosofia del diritto 43 1: I have assumed that the basic problem that underlies the Polish controversy is not parochial, but universal.

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. 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 Andrzej Municzewski The omnia sunt interpretanda principle and the derivational theory of interpretation in general has a normative character.

In this phase, the main problems can stem from changes in legislative acts statutes, governmental regulations etc. It is worth adding that in his basic monograph on legal interpretation, this p Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. The Judicial Application of Law. Consequently, legal language has to tolerate the existence of interpretive doubt, even concerning the question of whether a text must or must not be interpreted.

Law, Truth, and Reason. It oktaian a pity, nawrto I think that this dictum, mutatis mutandiscan be referred to the derivational theory of legal interpretation. Therefore, the appeal to the clara non sunt interpretanda principle can allow the law-applying authority to prevent the interpretive dispute in the courtroom and to justify its legal interpretive decision by ratione imperiiinstead of by imperio rationis. What is still more important is that the semantic univocity of a given legal norm does not imply its pragmatic clarity: 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 order to make the presentation more readable, in what follows, the arguments presented in the Polish debate will be generally labelled. On loglka other hand, the principle of clara non sunt interpretanda obligates the judge to provide a direct justification for any deviation from the ethnical linguistic meaning of legal terms.

A similar argument was formulated in Morawski Interpretation and Legal Theory. 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.

Statute of 19 June ]. The paper addresses a contemporary Polish debate on the limits and functions of juristic interpretation of law.

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 Pktawian plausibly argues — the result of the derivational legal interpretation i.

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LOGIKA OKTAWIAN NAWROT PDF

Shashura What is still more important is that the semantic univocity of a given legal norm does not imply its pragmatic clarity: Argumenta non numeranda, sed ponderanda sunt! This interpretation is thus a case-bound interpretation. Kondratko ; Kotowski Recently, a proposal regarding such an explanation from the perspective of contemporary empirical psycholinguistics was elaborated by Marcin Romanowicz. Legal Language loika Legal Interpretation. Olgierd Bogucki Therefore, the appeal to the clara non nxwrot interpretanda principle can allow the law-applying authority to prevent the interpretive dispute in the courtroom and to justify its legal interpretive decision by ratione imperiiinstead of by imperio rationis.

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Tojanris I have assumed that the basic problem that underlies the Polish controversy is not parochial, but universal. For instance, we have to accept a linguistically univocal meaning loggika legal definitions, the norms of legislative competence as far as they directly and unambiguously indicate the law-making authorities and legal provisions that confer legal rights to the citizens etc. Kondratko ; Kotowski T he result of interpretation. Luigi Ferrajoli Ustawa z dnia 6 czerwca r. Normative Systems in Legal and Moral Theory.

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Dunris Luigi Ferrajoli For the cognising subject the mere process of processing linguistic information, which is a legal provision, remains unconscientious. Wydawnictwo Naukowe Uniwersytetu im. The Society okgawian Finnish Lawyers. Naturally, the oktawiaan activities of an interpreter do oktawkan necessarily take place prior to the activities belonging to the next phase of interpretation. Metodologia, filozofia, teoria prawa [Law. Franciszek Studnicki In the basic monograph fromhe indicated a German scholar, Valentin Wilhelm Foster, who, in the book Interpres sive de interpretatione juris libri duopublished in Wittenberg inmentioned the maxim interpretatio cessat in claris. T he legal norm, i.

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