The Decline of the Norm-deciphering Process and Effectiveness of Legal Norms in the Factual Sense Cover Image

Zanik procesu deszyfracji normy a jej obowiązywanie w sensie faktycznym
The Decline of the Norm-deciphering Process and Effectiveness of Legal Norms in the Factual Sense

Author(s): Jakub Słupski, Wojciech Piwowarczyk
Subject(s): Psychology
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Cognitive Science

Summary/Abstract: The article is an analysis of the language of legal norms in the context of its cognitive value, with an assumption that currently created norms are gradually deprived of their intelligibility towards the norm’s addressees, being in fact addressed directly to lawyers. Moreover, authors claim that there is a growing trend in the lawmaking process to create law which, in order to be applied, needs to be supplied with information from other genres of knowledge, external to law. In order to describe this phenomenon they introduce a new term, the “specialized norm”, and, through investigation of specific legal cases, they prove significance of the issue. By means of concepts deriving from philosophy of law and theory of language, the paper points out a strengthening tendency in legislative process, which forces one to ask themselves certain basic questions of nature and purpose of the law.

  • Issue Year: 2011
  • Issue No: 5
  • Page Range: 151-158
  • Page Count: 8
  • Language: Polish