Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR

Should a Court Be Understanding for the Legislator? On Legislative Error from the Perspective of the Theory of Legal Interpretation

Mgr Marek Suska

University of Silesia in Katowice

English abstract: In the actual legislative processes, errors are often made: the legislator’s intentions are not always properly expressed in the legal provisions or there is insufficient clarity. The discrepancy between what the legislator said and what they meant to say poses a serious challenge to the theory and practice of legal interpretation. In this paper, the author analyses two possible reactions to a legislative error: correcting it or applying the provision in its literal meaning. The considerations are based on two decisions of the Criminal Chamber of the Polish Supreme Court, because in criminal law the protection of the prima facie understanding of the text is a very important value. In the final part of the paper, the author indicates factors which can affect the court’s attitude towards a legislative error in a specific case.

Keywords: legislative error, scrivener’s error, legal interpretation, law-making

Language: Polish

Published: Number 1(22)/2020, pp. 99-110.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.99

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“Archiwum…” issue No. 2/2019 is now available

We would like to invite you to read the latest issue of “Archiwum Filozofii Prawa i Filozofii Społecznej”, the journal of the Polish Section of IVR, published in English fully in open access.

The issue includes following papers:

  • mgr Szymon Mazurkiewicz, Legal Positivism Social Source Thesis and Metaphysical Grounding: Employing Metaphysical Grounding based on Metaphysical Laws,
  • dr Marcin Pieniążek, Dimensions of Legal Ethics in the Light of Paul Ricoeur’s ‘Petite Éthique’,
  • prof. dr hab. Marek Smolak, The Culture of Justification and Public Reason: Comments on the Motion of Members of the Polish Parliament to the Constitutional Tribunal,
  • prof. UŁ dr hab. Tomasz Tulejski, Paulus Vladimiri and His Forgotten Concept of the Just War,
  • prof. UG dr hab. Tomasz Widłak, Judges’ Virtues and Vices: Outline of a Research Agenda for Legal Theory,
  • prof. dr hab. Wojciech Załuski, Why Moral Norms Cannot be Reduced to Facts: On a Trilemma in Derivations of Moral “Ought” from “Is”,
  • mgr Tomasz Zyglewicz, Against the Input View of Legal Gaps.

The issue also features a review of Dr Henry Hardy’s (University of Oxford) book “In Search of Isaiah Berlin: A Literary Adventure”, written by prof. dr hab. Beata Polanowska-Sygulska (Jagiellonian University in Kraków) and a polemical reply by the author.

The issue can be read here.

Increase of the 2018 Index Copernicus Value for “Archiwum…”

We are pleased to announce that the Index Copernicus Value (ICV) for 2018 in the ICI Journals Master List 2018 for the “Archiwum Filozofii Prawa i Filozofii Społecznej”, the journal of the Polish Section of IVR, was set at 59.35. For reference, we would like to remind you that the ICV value in 2017 was 48.85, whereas in 2016 it was 37.69.

ICI Journals Master List is an international indexing database of scientific journals, and the Index Copernicus Value is an evaluation standard for scientific journals, indicating, inter alia, the rate at which the journal increases the quotability of published articles.

Call for Papers: Public Interest – 31.03.2020

Archiwum Filozofii Prawa i Filozofii Społecznej, journal of the Polish Section of the International Association for Philosophy of Law and Social Philosophy (IVR) is open for submissions for its forthcoming 2020 English issue. The issue will concentrate on the subject of public interest. We will be happy to receive, review and publish papers on a wide variety of public interest research topics. Submissions can address theoretical and conceptual advancements, current challenges, legal aspects or any other contemporary topic that explores the social importance, concept and impact of public interest in all its various forms. We welcome a wide range of theoretical perspectives and research methodologies. However, due to the scope of the journal, all the papers should also explore the topic using theoretical, philosophical or sociological perspective.

Papers should be written in English and should not be longer than 40.000 characters, spaces and footnotes included. Together with the paper please send us the author form and author declaration form. The forms, together with important information on the editing and the review process, can be found at http://archiwum.ivr.org.pl/guidelines-for-authors/. We encourage non-native English speakers to proofread the text before submitting it to the journal.

Please send the papers to the editor of the issue, prof. Martyna Łaszewska-Hellriegel, LL.M. (m.laszewska-hellriegel@wpia.uz.zgora.pl). The deadline for the submission is March 31, 2020.