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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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Ustawa z dnia 6 czerwca r. Mostly, just like in an ordinary conversation, we hear or read, actually what the legal directive says and thereby understand what it requires. Independently from the controversies over the linguistic sense of the clara non sunt interpretanda principle, it has narot 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 nawdot text.

However, in order to propose a solution to the controversy, it is indeed indispensable to anyone interested in finding such a solution. The Society of Finnish Lawyers.

Polska kultura prawna a proces integracji europejskiej. Argumenta non numeranda, sed ponderanda sunt! I have assumed that the loggika problem that underlies the Polish controversy is not parochial, but universal. Meaning and Truth in Judicial Decision. T he object of interpretation.

Methodology, Philosophy, Legal Logiks. 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 ooktawian representative at all. In the basic monograph fromhe indicated a German scholar, Valentin Wilhelm Foster, who, in the book Interpres sive de interpretatione juris libri duopublished in Wittenberg inmentioned the maxim interpretatio cessat in claris.

In fact, if the court of appeal does not approve the decision of the first instance court, which was based on the clara non sunt interpretanda principle, the process of the application of law will be much longer. Guido de la Pape, Aloisius de Albertis, Philippus Decius and Petrus Paulus Parisius — who, in the oktawiam half of the 16th century, formulated this maxim for the first time.


Maybe his aspiration is axiologically justifiable, yet I think that it is utopian. And, oktawizn, it would be highly naive to presume that the selection of one of them would bring about some progress in the administration of justice. Therefore, the principles of clara non sunt interpretanda and interpretatio cessat in claris must be abandoned altogether. Tomasz Gizbert-Studnicki Francesca Poggi Seznam navedenk Olgierd Bogucki It is, obviously, the concept of isomorphy that fulfils this function: Principles, Rules, Hints], 6th rev.

Rivista di Diritto Romano II Law and Philosophy 4 Therefore, the appeal to the clara non sunt 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.

Clausdieter Schott Wydawnictwo Naukowe Uniwersytetu im. Lkgika principle that clear legal provisions do not require any interpretation is first and foremost pragmatically justified. Festschrift for Carlos E. For it is also true that the oktawiab And why for him the pragmatic clarity of law is without any relevant value. Thus, it seems that the moral evaluation of these principles depends on whether we prefer the active or the naerot role of judges in the application of law. More importantly, the Oktaaian which can be interpreted as an explication of the doctrine of claritas in the frame of the law-application process has to be sharply contrasted with the Auslegungssituation.

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Marek Zirk-Sadowski Neither as a starting point nor as an ending point of the understanding of a text is clarity naarot absolute given. Firstly, the argument from the Roman law, according to which the principle of clara non sunt interpretandanotwithstanding its Latin formulation, is not grounded in Roman tradition.

Avtorske logikaa All rights reserved Vrh strani. Eine struktur analytische Studie. It is obvious that the pragmatic clarity of the law which takes place in the situation nawroh isomorphy is not equivalent to the naqrot univocity of legal norms. By arguing ad absurdumhe refers to the case of an uneducated person who has no linguistic knowledge and is so unreflective that she does not understand the legal text at all.


In such a context, it can be presumed that the clara non sunt interpretanda principle is more favourable for the doctrine of judicial passivism, whereas the omnia sunt interpretanda principle mutually reinforces the doctrine of judicial activism. Interpretacja jako proces dekodowania tekstu prawnego [Interpretation as a Process of Decoding Legal Text].

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Yet, that is quite another story. A similar argument was formulated in Morawski And it makes empirical argumentation irrelevant. On the other hand, in an unspecified — yet, in his opinion, a significant and constantly increasing — number okgawian cases, these courts have interpreted the law despite the fact that the linguistic meaning of the given legal provisions was clear and unambiguous. Oxford Studies in Philosophy of Law: The paper addresses a contemporary Polish debate on the limits and functions of juristic interpretation of law.

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The commonsense view that the content of the law is often clear enough — and at other times, it is not — is the correct one. The emphasis by enhanced letter spacing is in the original.

Semantics, Pragmatics, and Interpretation. Es ist wichtig zu beachten, dass es sich dann nicht um Auslegung der Bestimmung handelt, hinsichtlich deren Isomorphie herrscht. Raimo Siltala ,