Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR
  • General info
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors / Ethics
  • Contact
  • Polski

The Role of Values in Legal Interpretation: The Normative Approach

Prof. US dr hab. Olgierd Bogucki

University of Szczecin

English abstract: The article presents and analyses a certain theory of values and their role in legal interpretation. The article calls it a ‘componential’ theory of values. According to the theory, values in law create structures based on global assessments: comprehensive axiological judgements that consider all the relevant values and degrees of their realization. The basic theorem of the theory is the theorem on isomorphy between the global assessment and the content of the legal norm. This ‘componential’ theory is the basis of the normative model of legal interpretation. According to this model, the interpreter should reconstruct the global assessment and choose the one possible result of interpretation – the one norm of conduct – which will be the most consistent with this judgement. In order to reconstruct the aforementioned global assessment, the interpreter should consider the legal text, case law and legal literature, legislative materials and interpretative presumption.

The article reconstructs the philosophical presumptions behind the aforementioned theory and model. The article points out that the fundamental value behind the normative model is the intersubjectivity of legal interpretation as an element of the rule of law. The article also indicates that the theory and model described above are based on legal positivism, but with significant connections with legal hermeneutics, Dworkin’s theory of law, and argumentative approaches to law. In addition, the theory seems to presume weak commensurability of values.

Keywords: legal interpretation, theory of law, philosophy of law, axiology, ‘componential’ theory of values

Language: Polish

Published: Number 2(23)/2020, pp. 96-108.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.96

Download: Download
Number of downloads: 84

Filed Under: Articles Tagged With: ‘componential’ theory of values, axiology, legal interpretation, philosophy of law, theory of law

Categories

  • Articles
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

minority rights consumer protection principle of proportionality Sławomir Tkacz realisation of Law aims means of the law lawmaking popular constitutionalism application of law subsidiarity principle rational application of law law and economics reducing pensions of communist officials theory of legislation logical derivation Paweł Banaś “little ethics” subjectivity Ronald Dworkin lawyers’ ethics Paulina Konca workplace harassment Carlos Cossio transitional justice Ludwig Wittgenstein conscience clause hybrid interpretation of law małgorzata król ‘componential’ theory of values public truths second-order rules of legal interpretation conservatism legislative history weighing the rightness Russian law transnational memory of the Holocaust global law universalist religion Social Insurance Institution Tomasz Grzybowski restorative justice Robert Audi theory of state and law Critical Legal Studies liberty human nature post-theology resentment Artur Kozak principle of lex mitior retro agit

Copyright © 2021 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Dawid Milczarek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Necessary Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.