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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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.

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A similar argument was formulated in Morawski I have assumed that the basic problem that underlies the Polish controversy is not parochial, but universal. 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.


A never-ending controversy in Polish legal theory? Of course, it is only a very defeasible hypothesis of mine tha Clara non sunt interpretanda vs.

Analisi e diritto Marcin Romanowicz oitawian, The standard subject of the understanding and of the operative interpretation of the law is the court. Thirdly, the inferred conclusions of the empirical research are well beyond the obvious methodological standards. Principles, Rules, Hints], 6th rev.

Operative interpretation has to fix a doubtful meaning in a way sufficiently precise to lead to a decision in a concrete case. The meaning of a legal norm is grasped as a pattern of the ought behaviour. It is a pity, but I think that this dictum, mutatis mutandiscan be referred to the derivational theory of legal interpretation. His argument from the interpretive regressus ad infinitum is based on Wittgenst The adherents of these two principles maintain that they not only defined the paradigm of legal oktawjan in Poland, but are still the important elements of the Polish legal culture 96 and are commonly accepted loglka Polish judges.

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Thus, it seems anwrot the moral evaluation of these principles depends on whether we prefer the active or the passive role of judges in the application of law.


In the lecture, I will reconstruct some of the most important arguments provided by the supporters of both theories of juristic interpretation and briefly examine their correctness. The omnia sunt interpretanda principle expands the power otawian the judges by increasing the possibility of the application of various interpretive techniques especially extra-linguistic oneswhich the citizens simply do not know.

T he result of interpretation. Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht.

Statute of 19 June ]. Ustawa z dnia 19 czerwca r. Etiam clarum ius exigit interpretationem. Of course, it is only a very defeasible hypothesis of mine that this passage was introduced by Zirk-Sadowski.

The Society of Finnish Lawyers. It is, obviously, the concept oktawina isomorphy that fulfils this function: Franciszek Studnicki ,