Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 2 Internetowy Magazyn Filozoficzny Hybris

Authors help

  1. 2 Graboń W.

Years help

  1. 2 2019

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  widzenie aspektów
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

Aspekty normy – problem holistycznego ujęcia wzorca normatywnego w świetle myśli późnego Wittgensteina

100%
Graboń W.
Internetowy Magazyn Filozoficzny Hybris
|
2019
|
vol. 44
|
issue 1
168-177
EN
In Polish legal theory there is a generally accepted distinction between legal norms (normative standards) and legal provisions (independent editorial units of a legal text). One of the most developed theories of the interpretation of law, the derivative theory of M. Zieliński, however, also includes the postulate of the reconstruction of the entire legal system as one comprehensive norm (the so-called holistic approach) in the process of applying the law. This postulate stems mainly from assumptions regarding the adopted methods of interpretation. The holistic approach has often been criticized as inadequate in pragmatic terms, but the derivative theory has not yet been thoroughly modified in this respect. In this paper, I propose to apply Wittgenstein's concept of aspect perception as providing adequate conceptual framework to describe the mechanism of identifying relevant parts of the legal norm that deals with the pragmatic inadequacy of the holistic approach, but does not affect the core of the derivative theory of interpretation.
2
Publication available in full text mode
Content available

Aspekty normy – problem holistycznego ujęcia wzorca normatywnego w świetle myśli późnego Wittgensteina

100%
Graboń W.
Internetowy Magazyn Filozoficzny Hybris
|
2019
|
issue 44 (1)
EN
In Polish legal theory there is a generally accepted distinction between legal norms (normative standards) and legal provisions (independent editorial units of a legal text). One of the most developed theories of the interpretation of law, the derivative theory of M. Zieliński, however, also includes the postulate of the reconstruction of the entire legal system as one comprehensive norm (the so-called holistic approach) in the process of applying the law. This postulate stems mainly from assumptions regarding the adopted methods of interpretation. The holistic approach has often been criticized as inadequate in pragmatic terms, but the derivative theory has not yet been thoroughly modified in this respect. In this paper, I propose to apply Wittgenstein's concept of aspect perception as providing adequate conceptual framework to describe the mechanism of identifying relevant parts of the legal norm that deals with the pragmatic inadequacy of the holistic approach, but does not affect the core of the derivative theory of interpretation.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.