PL EN


2015 | 102 | 209 - 233
Article title

Założenie spójności semantycznej systemu prawa w klaryfikacyjnej teorii wykładni

Authors
Selected contents from this journal
Title variants
EN
THE ASSUMPTION OF SEMANTIC COHERENCE OF THE LEGAL SYSTEM IN THE CLARIFICATORY THEORY OF INTERPRETATION
Languages of publication
PL
Abstracts
EN
The author assumes that a clarificatory theory of interpretation may be counted as a theory which directly expresses a philosophical attitude consisting in acceptance of the main assertions of Marxism as a logically prior presuppositions of the theoretical cognition of the legal phenomena. Especially, logically prior Marxism is to determine fundamental values accepted by the legal theory. Marxian axiology recognizes social unity as a fundamental value. This value transferred to the legal theory takes shape of the unity of the legal system. An especially important form of unity of the legal system is its semantic coherence. The author tends to point out that in the clarificatory theory of interpretation the assumption of semantic coherence of the legal system is expressed by the directive called “presumption of the legal language.” According to this directive, if the meaning of the phrase is determined by the legal language, such meaning should be accepted as binding in the whole legal system, i.e. in all branches of the legal system. The author treats this directive as a result of the impact of logically prior philosophical assumptions on the theory of legal interpretation.
Keywords
Year
Volume
102
Pages
209 - 233
Physical description
Contributors
  • Uniwersytet Wrocławski
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-d9538d4a-bd03-492c-977f-02162e2ba488
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