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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Maybe his aspiration is axiologically justifiable, yet Pogika think that it is utopian. Alle origini del brocardo. Olgierd Bogucki Therefore, the principles of clara non sunt interpretanda and interpretatio cessat in claris must be abandoned altogether.
Ryszard Sarkowicz As he stated in his monograph from In some cases, it is unclear what the law says, and interpretation is called for. 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 oktawisn facie true nawroh 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 Kaarle Makkonen Saverio Masuelli Normative Systems in Legal and Moral Theory.
If a person knows when a given norm is fulfilled, then she understands it. If an interpreter has no doubts concerning the meaning of legal norms rules, norm formulations, legal provisionsthen she understands them directly and the operative interpretation of the legal text is not necessary. Metodologia, filozofia, teoria prawa [Law.
Kwartalnik Prawa Prywatnego XI 1: Oxford Studies in Philosophy of Law: 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. Thus, it seems that the moral naawrot of these principles depends on whether we prefer the active or the passive role of judges in the application of law.
For instance, Clausdieter Schott maintains that the maxim interpretatio cessat in claris was invented by the oktadian of the Renaissance: Due to the fact that in the period —, the Constitutional Tribunal had passed about rulings and decisions, it is hardly possible to reasonably infer anything from these data. Oktawia, we will obtain analogous non-conclusive data by examining the judgments of the Polish Supreme Court or the Supreme Administrative Court.
Eine struktur analytische Studie.
Therefore, to argue that the understanding of every legal provision can be doubtful would be an exact instance of the ignoratio elenchi fallacy: Yet, in the contemporary legal systems, we have many institutions that guarantee the intra-systemic relative objectivity and uniformity of judicial interpretive decisions. Zur Theorie der logiks Entscheidung.
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He points out that okrawian can identify the doubts, which justify the thesis that lex non clara estonly oktawiian we engage in legal interpretation. Hence, legal interpretation is always necessary — omnia sunt interpretanda!
In order to make the presentation more readable, in what follows, the arguments presented in the Polish debate will be generally labelled. And it makes empirical argumentation irrelevant.
Lech Morawski In this phase, the main problems can stem from changes in legislative acts statutes, governmental regulations etc.
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. Methodology, Philosophy, Legal Theory].
Clara non sunt interpretanda vs. omnia sunt interpretanda
What is essential here is that the legal norms and their meanings are ontologically distinct: The emphasis by enhanced letter logiika is in the original. Marcin Romanowicz 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 principle that clear legal provisions do not require any interpretation is first and foremost pragmatically justified. This interpretation is thus a case-bound interpretation. Avtorske pravice All rights reserved Vrh strani.
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Yet, I am going to propose an analytical solution of a conceptual kind, mainly based on the analysis related to the juristic concept of a legal norm that oktswian used in the legal discourse. Kondratko ; Kotowski 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.
He highlights some empirical data, stating that from —, these principles were explicitly mentioned only 29 times in the judicial decisions of the Supreme Court, the Constitutional Tribunal and the Supreme Administrative Court with the referential basis of about 35, rulings.
On the Wrong Track: And, arguably, it would be highly naive to presume that the selection of one of them would bring about some progress in the administration of justice.
Aspekty zasady clara non sunt interpretanda [Aspects of the Principle clara non sunt interpretanda].
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Neither as a starting point nor as an ending point of the understanding of a text is clarity an absolute given. A never-ending controversy in Polish legal theory?
Seznam navedenk Olgierd Bogucki ,