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Rola analizy semantycznej języka ogólnego w analizie normatywnej

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Porębski A.
Forum Prawnicze
|
2024
|
issue 1 (81)
67-88
EN
Almost every lawyer has the intuition that, in order to get an initial idea of the meaning of a legal article, it is necessary to ascertain the meanings of the words adopted in it. This prompts the question: How do we determine these meanings? The paper focuses on a problem related to interpretation theory, namely the definition of the role of the semantic analysis of general language in normative analysis. The article opens with considerations which characterise semantic analysis and which demonstrate how it is inextricably linked to normative analysis. It then explores a concretisation of the notion of semantic analysis carried out with respect to general language. Finally, the paper demonstrates the necessity and value of adopting a semantic analysis of general language as a step in normative analysis. Arguments in favour of this include the primacy of general language in relation to legal language and the flexibility of the first. The findings of the study contribute to the discussion of the role of arguments from the meaning of general language in normative analysis, as well as the role of linguistic interpretation.
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