Some Critical Remarks and Observations Regarding the Formulation of Legal Definitions in Contemporary Legislation Cover Image

Kilka krytycznych uwag i spostrzeżeń dotyczących formułowania definicji legalnych we współczesnym prawodawstwie
Some Critical Remarks and Observations Regarding the Formulation of Legal Definitions in Contemporary Legislation

Author(s): Tomasz Bąkowski
Subject(s): Law, Constitution, Jurisprudence, History of Law, Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: A legal definition is a measure that is used in order to eliminate the ambiguity of thetext of a normative act. The formulation of legal definitions in statutes, as well as otherlegal acts has become a common practice. However, among increasing number of legaldefinitions introduced to the Polish legal system, there are also definitions that are imperfectfor various reasons or even defective. The examples of such cases have been presentedin the article. The imperfection or defectiveness of a definition incorporated into the legalsystem can generate (and in fact it generates) negative consequences in relation to otherregulations. For these reasons, legislative proceedings concerning legal definitions shouldbe subject to more rigorous verification. In addition, such proceedings should be precededby a thorough and comprehensive assessment of the conditions under existing law. In thisregard, the critical analysis of the results of incorporating legal definitions in the texts ofnormative acts seems to be necessary.

  • Issue Year: 2016
  • Issue No: XXXVI
  • Page Range: 57-67
  • Page Count: 11
  • Language: Polish