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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

dogmatic anthropology multiculturalism of law statement of reasons for a court judgment European Union pragmatics constitutional identity Tomasz Widłak Searle post-communist Poland Kantianism paternalism Agamben Jakub Łakomy reason conscientious exemptions non-legislative lawful excuse legal syllogism interpretive community ethical-professional intuition will rule of recognition logical derivation postmodernism encounter Michał Sopiński transplants interpretation of the Bible nullum crimen sine lege The Separation Thesis doxa John Rawls schools of legal thought universal pragmatics transnational memory of the Holocaust katechon dialogical utterance rule of law ordoliberalism Ofer Raban public interest advocate legal advisors law as a border Paweł Snopek reflective equilibrium intra legem gap lawyer personality analogical reasoning narrative disagreement Stanley Fish scholarly interpretation

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