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Some remarks about the application of the cognitive linguistics’ tools for the differentiation between extensive interpretation and analogy

Prof. UŁ dr hab. Sylwia Wojtczak

University of Łódź


English abstract:
The paper is the proposal of the discussion upon the utility of the cognitive linguistics’ tools for legal application, especially within the field of legal interpretation and legal reasoning. Cognitive linguistics is the school of linguistics and cognitive science, developing from 1970s of the XX century, researching on language and mind and their intersection. The analysis of the instances originating in the Polish law in force, made by the means of different concepts of cognitive linguistics (prototypes, radial categories, idealized cognitive models, conceptual metaphors) is here the basis to formulate some postulates concerning the way of understanding and differentiation between extensive interpretation and analogy. The instances and postulates simultaneously let one distinguish those linguistic changes, which inevitably occur in time, and which should be recognised as the domain of linguistic interpretation.

Keywords: cognitive linguistics, interpretation, extensive interpretation, legal reasoning, analogy

Language: Polish

Received: 29.09.2016
Accepted: 31.10.2016

Published: Number 1(14)/2017, pp. 125-140.

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Filed Under: Articles Tagged With: analogy, cognitive linguistics, extensive interpretation, interpretation, legal reasoning, Sylwia Wojtczak

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Keywords

normative theories of legal interpretation financial market open society the Other CLS euphemisms communication theory of legal interpretation scrivener’s error virtue international law symbolic law naturalism ought-statements Zygmunt Ziembiński Maciej Zieliński multiculturalism of law circumstances excluding guilt Przemysław Kaczmarek Tomasz Bekrycht the input view critical legal theory hybrid interpretation of law political CLC health requirements for justification social interest legal validity paternalism ius et lex psycholinguistics instrumental rationality juriscentrism networks collaborative law professional ethics of legal advisors general clause legal advisors collective guilt phenomenological philosophy Pierre Bourdieu Paul Grice Pierre Legendre application of law John M. Finnis liability for damages limitations of the lawyers’ power culture of authority individual and political freedom axiology

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