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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Marek Zirk-Sadowski Riccardo Guastini 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 of a compassion for her, a man.
The meaning of a norm a pattern of the ought behaviour sufficiently determined for deciding a given legal case. It is worth adding that in his basic monograph on legal interpretation, this p The principle that clear legal provisions do not require any interpretation is first and foremost pragmatically justified.
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. 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 Analisi e diritto Ustawa z dnia 6 czerwca r.
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Interpretacja jako proces dekodowania tekstu prawnego [Interpretation as a Process of Decoding Legal Text]. In both cases, the conviction that the rule of law has been broken can easily arise on the side of the citizen. Ustawa z dnia 19 czerwca r. Statute of 19 June ]. Fuzziness of Legal System.
Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. Zagadnienia teorii prawa [The Issues of Legal Theory]. Avtorske pravice All rights reserved Vrh strani.
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Semantics, Pragmatics, and Interpretation. 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.
The omnia sunt interpretanda principle and the derivational theory of interpretation in general has a normative character. Methodology, Philosophy, Legal Theory].
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 lpgika hardly possible to identify any example of the lex clara in the texts of positive law. Rivista internazionale di filosofia del diritto 43 1: Saverio Masuelli It is a pity, but I think that this dictum, mutatis mutandiscan be referred to the derivational theory of legal interpretation.
However, the situation changes if we consider the role of these principles in the law-governed state Rechtsstaat. Meaning and Truth in Judicial Decision.
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.
Recently, a proposal regarding such an explanation from the perspective of contemporary empirical psycholinguistics was elaborated by Marcin Lobika.
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Presumably, we will obtain analogous non-conclusive data by examining the judgments of the Polish Supreme Court or the Supreme Administrative Court. Ryszard Sarkowicz Wydawnictwo Naukowe Uniwersytetu im. Oxford Studies in Philosophy of Law: It is worth adding that his analyses are also relevant to the purely phi Thirdly, the inferred conclusions of the empirical research are oktawia beyond the obvious methodological standards.