Wykładnia dynamiczna prawa. Perspektywa filozofii prawa i języka
The Dynamic Interpretation in Law: From the Philosophy of Law and Language Perspective

Author(s): Maciej Kruk
Subject(s): Philosophy of Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: interpretation of law; dynamic interpretation; static interpretation; legal meaning; theory of legal interpretation; meaning of law text; change of meaning; communication in law; semantics; pragmatics; division and discretionary of powers; legal certainty
Summary/Abstract: Drawing on the interdisciplinary findings of contemporary philosophy of language and theory of communication, the author argues that the dynamic interpretation of law is consistent with the current understanding of the nature of meaning and its evolution. The analysis of specificity of communication in law allows us to demonstrate that using this method not only has a solid theoretical basis, but also does not jeopardise legal certainty. As a result, the author refutes the key accusations made against the dynamic interpretation, which concern violations of the principle of separation of powers and granting judges excessive discretionary powers. An innovative element of the work is the expansion of the research perspective, which goes beyond the typically encountered analyses of the theory of legal interpretation focused on the arguments of expediency, function and axiology.

• Details
• Contents