“Application” of tools of literary theory in the process of interpretation of the Penal Code on the example of Mikhail Bakhtin’s dialogic theory of the utterance Cover Image

Koncepcje dialogowości Michaiła Bachtina a prawo karne
“Application” of tools of literary theory in the process of interpretation of the Penal Code on the example of Mikhail Bakhtin’s dialogic theory of the utterance

Author(s): Agnieszka Barczak-Oplustil
Subject(s): Criminal Law, Criminology, Theory of Literature, Penal Policy
Published by: Wydawnictwo Uniwersytetu Komisji Edukacji Narodowej w Krakowie
Keywords: Bakhtin’s dialogic theory; law as literature; Penal Code; interpretation as dialogue; transtextuality;

Summary/Abstract: The article provides a look at the interpretation of the penal code from the perspective of Mikhail Bakhtin’s dialogic theory of the utterance. It was preceded by a description of the similarities and differences between literary text and legal text, indicated by representatives of “Law and Literature” movement. The reference point for these considerations was the verb “cause”, which was analyzed including the changing context, as well as its understanding by the addressees of the prohibition of which this word is a part.

  • Issue Year: 10/2022
  • Issue No: 1
  • Page Range: 146-164
  • Page Count: 19
  • Language: Polish