Faza rekonstrukcyjna derywacyjnej koncepcji wykładni - próba krytycznej analizy
Reconstructive phase of the derivative conception of interpretation - an attempt at critical analysis

Summary/Abstract: The subject matter of the paper is the reconstructive phase of the derivative conception of interpretation. In this phase, the task of the interpreter is to recreate (reconstruct) from provisions of law a normative expression which later becomes the subject of further interpretation aimed at obtaining (or recognising, reconstructing) norm established by the legislator. Conducting the reconstructive phase allows you to move on to the next, perceptual phase of interpretation, grouping different types of interpretation directives. The paper presents doubts raised by the derivative conception in the chosen scope and attempts to indicate its possible modifications. Especially the theses on the "transition" procedure (paraphrase, semantic derivation) from provisions of law to the normative expression are considered controversial. The proposed modifications concern primarily a thesis of the need to make a set of legal provisions relevant prima facie for determining legal consequences of a given class of events the subject matter of interpretation carried out according to the principles of the perceptual phase.

• Details
• Contents