Na marginesie koncepcji języka norm prawnych
In the Margins of the Concept of the Language of Legal Norms
Author(s): Andrzej MalinowskiSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: scholarly interpretation; legal system; legal language; lawyers’ language; language of norms
Summary/Abstract: The article presents an attempt at an alternative approach to the scholarly interpretation model, in which statements expressed in the language of norms have been replaced by statements in the language of lawyers. In the proposed approach, the result of the interpretation of a legal text is a set of sentences of the lawyers’ language stating that a specific general legal norm applies at the moment of interpretation due to the validity of the relevant fragment of the legal text. The whole (complete) set of statements in the lawyers’ language whereby legal norms are held to be valid is treated by lawyers as a description of the legal system. It is stated that, considering the law as a system, neither case law nor scholarship in practice refers to the language of norms, but to the results of interpretations described in the lawyers’ language. However, the paradigm of scholarly interpretation using the concept of the language of norms has its undoubted cognitive value and is useful for didactic purposes.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 25/2020
- Issue No: 4
- Page Range: 54-64
- Page Count: 11
- Language: Polish