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O trzech granicach władzy prawniczej

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Jabłoński P., Kaczmarek P.
Archiwum Filozofii Prawa i Filozofii Społecznej
|
2013
|
vol. 1(6)
93-108
PL
According to the initially assumed concept of limitations of lawyers’ power the most important elements of those limitations are: legal text, legal culture, and ethics. This structure is characterized by the relations where the anterior element defines the framework of the latter, i. e. text affects legal culture and ethics, while legal culture affects ethics. However, exceptions apply where the latter element might lead to the collapse of the framework of the primary factor (for instance, interpretation contra legem based on axiological argumentation). The aforementioned structure of limitations of legal power is complemented by interaction of various other elements, such as social expectations, political entanglement (depending on the extent to which it is not consumed by ethics) and non-judicial expertise.
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