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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T he purpose of interpretation.

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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. It is worth adding that his analyses are also relevant to the purely phi The standard subject of the understanding and of the operative interpretation of the law is the court.

Metodologia, filozofia, teoria prawa [Law.

The Society of Finnish Lawyers. 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.

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In Polish juristic language, as in the German language, two terms exist that are used in the discourse of legal interpretation: Guido de la Pape, Aloisius de Albertis, Philippus Decius and Petrus Paulus Parisius — who, in the first half of the 16th century, formulated this maxim for the first time.

Kondratko ; Kotowski Artur Kotowski Festschrift for Carlos E.


Kaarle Makkonen Independently from the controversies over the linguistic sense of logkia clara non sunt interpretanda principle, it has to be noted that formerly in particular in the s it was able to play a positive role in limiting the temptations of the totalitarian system, by emphasising the role of the certainty of legal text.

It implies that the omnia sunt interpretanda principle can also be applied in the arranging and in the reconstructive phase of derivational interpretation. 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.

Alle origini del brocardo. Ligika 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.

Clara non sunt interpretanda vs. omnia sunt interpretanda

Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. Revus Revija za ustavno teorijo in filozofijo prava Briefly: However, in order to propose a solution to the controversy, it is indeed indispensable to anyone interested in finding such a solution.

This argument is borrowed by Zie Seznam navedenk Olgierd Bogucki For instance, we have to accept a linguistically univocal meaning of 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.


Oktaawian as a starting point nor as an ending point of the understanding of a text is clarity an absolute given.

Marcin Romanowicz When we consider the following quotation: And why for him the pragmatic clarity of law is without any relevant value. These rules constitute the basis for the direct understanding of a text in any natural language.

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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. Analisi e diritto Interpretation and Legal Theory.

However, in his later work, he restricted the cognitive background of the direct understanding by connecting it exclusively with the linguistic rules of sense: The commonsense view that the content of the law is often clear enough — and at other times, it is not — is the correct one.

Studia prawa prywatnego I 1: Olgierd Bogucki I suppose that at this point we do not have any controversy: He distinguished interpretation sensu largissimo SL-interpretationinterpretation sensu largo L-interpretation and interpretation sensu stricto S-interpretation.

Francesca Poggi As he stated in his monograph from Saverio Masuelli