PL EN


Journal
2011 | 2 (4) | 13-18
Article title

Interpretacja bez granic

Authors
Content
Title variants
EN
The Unlimited Interpretation
Languages of publication
PL
Abstracts
EN
In the essay, the idea of the unlimited interpretation is expressed by seven theses: five descriptive and two normative. First, it is argued that legal interpretation is neither a paradigmatic nor a special case of interpretation in general. Second, it is claimed that interpretation has no a priori determinable limits. Third, the thesis is defended that all correctly formulated and applied methods of interpretation are equal. Further – fourth – it is argued that interpretation can be understood only as applied to particular cases. In other words, interpretation is a practice – the notion of interpretation as a 'pure theory' is empty. Fifth, it is postulated that interpretation should involve a 'critical moment'; without critical appraisal interpretation remains a pure theoretical construct hanging in vacuum. Sixth, interpretation should be axiologically open, if it is to remain a 'free activity'. Finally – seventh – it is claimed that the presented account of interpretation may help in avoiding 'deadly sins' of standard philosophies of interpretation: the sin of supremacy (of one theory of interpretation over the others); the sin of universality (of the preferred model of interpretation); the sin of objectivity (of the rules of interpretation); and the sin of inapplicability (of the theoretical models in legal practice).
Keywords
Journal
Year
Issue
Pages
13-18
Physical description
Contributors
  • Katedra Filozofii Prawa i Etyki Prawniczej UJ
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-79be51e0-bb0d-400a-babb-a33ac274f984
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