Praktyczna władza sądzenia w ujęciu Neila MacCormicka
PRACTICAL POWER OF JUDGMENT BY NEIL MACCORMICK
Author(s): Karolina CernSubject(s): Law, Constitution, Jurisprudence, Ethics / Practical Philosophy, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: legal pluralism;norm usage;practical power of judgement;judgemntal interpretative practice
Summary/Abstract: The chief concern of the paper is to reconstruct the idea of the practical power ofjudgement, which in my view stands as a hidden philosophical background in Neil MacCormick’swritings in his post-positivist period. Firstly, I bring into light the source of and inspiration for hisunderstanding of legal pluralism. Secondly, I analyse thoroughly the concept of norm-usage. Finally,drawing on my previous analyses, I argue that behind the legal pluralism and norm-usage there isa concept of judgmental-interpretative practice to be found which I reconstruct from MacCormick’swritings.
Journal: Acta Universitatis Lodziensis. Folia Iuridica
- Issue Year: 2017
- Issue No: 78
- Page Range: 29-41
- Page Count: 13
- Language: Polish