Poza interpretację. Odpowiedź Jerzemu Stelmachowi

• Authors: Brożek Bartosz

Title variants

EN

Beyond Interpretation A Reply to Jerzy Stelmach

• Languages of publication: PL

Abstracts

EN

There are three goals of the essays. First, an attempt at clarifying the concept of interpretation is made. It is argued that the only reasonable way of reconstructing interpretation as an activity is to look at the products of interpretation. From this point of view interpretation should be seen as a process that leads to narrowing down the so called meaning bundle of a given expression, i.e. the set of possible meanings prima facie ascribable to the interpreted expression. Second, two theses of Jerzy Stelmach – that interpretation cannot be objective and that interpretation has no a priori limits – are critically analyzed against the conceptual backdrop proposed in the first part of the essay and rejected. Finally – third – a thesis is defended that interpretation plays no central or essential role in legal reasoning. It is argued that the goal of legal reasoning can best be described as a positive exemplification and resolution of the norm conflicts. Neither of these procedures may serve the process of interpretation, i.e. the narrowing down the meaning bundles of interpreted expressions.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2011
• Issue: 2 (4)
• Pages: 19-25

Contributors

author

Brożek Bartosz

• Katedra Filozofii Prawa i Etyki Prawniczej UJ