Twórcza interpretacja prawa – wybitne osiągnięcie jurysprudencji rzymskiej i wyzwanie dla współczesnych sędziów
Creative interpretation of law – outstanding achievement of Roman jurisprudence and challenge for modern judges

Summary/Abstract: The creative interpretation of law as a factor of its continuous development and the response to practical needs is an art that has been already applied since the Laws of theTwelve Tables, firstly by pontifices and later by the representatives of pre-classical and then classical jurisprudence. The creative nature of the interpretation made by jurists has led to the development of reasoning through analogy and shows the way the interpretation has developed from purely linguistic understanding of a legal act to putting the intention of the author of the act on the pedestal and attempting to realize his presumed will, so from verba to voluntas. Contemporary courts and judges, with particular emphasis on the Polish ones, avoid creative activity in the interpretation process, desperately referring to the exact wording of a legal act and justifying their approach by the „silence of the law” and reluctance to take risk of possible dismissal of the judgment by the higher court. In the age of the inflation of law and its poor quality, it is a dangerous situation for citizens. Judges should serve as a buffer between law of bad quality and its practical application through its creative interpretation in the spirit of ensuring a rational and fair application of law.

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