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 a pity, but I think that this dictum, mutatis mutandiscan be referred to the derivational olgika of legal interpretation. Therefore, to argue that the understanding of every legal provision can be doubtful would be an exact instance of the ignoratio elenchi fallacy: And why for him the pragmatic clarity of law is without any relevant value. Firstly, the discussed interpretive meta-principles are applied logikaa the vast majority of cases without being explicitly mentioned by the judges.

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The paper addresses a contemporary Polish debate on the limits and functions of juristic interpretation of law. Methodology, Philosophy, Legal Theory]. This characteristic has never been questioned in Polish j Riccardo Guastini Festschrift for Carlos E.

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.

This is the case because legal norms are encoded by the lawmaker, who frequently uses legislative techniques of condensation one legal provision — more than one legal norm and dismemberment many legal provisions — one legal norm 47 in legal texts. Avtorske pravice All rights reserved Vrh strani. Rivista internazionale di filosofia del diritto 43 1: 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 direct pre-interpretive and the indirect interpretive understanding of legal norms, perhaps can be just the opposite, i.


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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. 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.

Therefore, the principles of clara non sunt interpretanda and interpretatio cessat in claris must be abandoned altogether. One reservation must be made: A manwho is not a mother, acting under influence of the labour and during it, in relation to the child, and who is not a person, which in necessary defence is repelling any direct and illegal attack against any social good or any personal good, and who is not an authorised person executing a legally valid death penalty, and who is not a soldier acting against the enemy during the war hostilities not in a way inconsistent with the laws of war, is ordered thatin any circumstances from the 1 st of Januaryshe does not killand even does not attempt to kill neither under the influence of the strong emotion, nor on demand of the other man and under the influence oktawizn a compassion for her, oktawixn man.


And, arguably, it would be highly naive to presume that the selection of one of them would bring about some progress okyawian the administration of justice. Meaning and Truth in Judicial Decision.

Adama Mickiewicza w Poznaniu. Zygmunt Loglka Law and Philosophy 7 Mostly, just like in an ordinary conversation, we hear or read, actually what the legal directive says and thereby understand what it requires. Understanding and Interpretation in Pragmatics and in Law. Presumably, we will obtain analogous non-conclusive data by examining the judgments of the Polish Supreme Court or the Supreme Administrative Court. For it is also true that the acc However, the situation changes if we consider the role of these principles in the law-governed state Rechtsstaat.

The commonsense view that the content of the law is often clear enough — and at other times, it is not — is the correct one.

Pobierz PDF Oktawian Nawrot Logika

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 provision, which she has never interpreted before.

However, in order to propose a solution to the controversy, it is indeed indispensable to anyone interested in finding such a solution. Zur Theorie der juridischen Entscheidung.

Maybe his aspiration is axiologically justifiable, yet I think that it is utopian.