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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

person analogia legis radical Enlightenment interest of the state virtue anna rossmanith ethical-professional values Tomasz Barankiewicz Yang Deyou Robert Brandom cultural revolution principle of salience social engineering objectivity market economy law and popular culture theory of meaning Divine ethics cultural relativism Bartosz Brożek Hanna Dębska Ofer Raban law of evidence realisation of Law transitional justice social industry ethical relationship Michał Barański Bartosz Wojciechowski constitutional identity alternative dispute resolution self-realization Maciej Wojciechowski one right answer regulation of order Neil MacCormick syllogistic model for application of the law security service law-making extra legem gap formalism holy war Sylwia Wojtczak international legal theory Adam Zienkiewicz legislative history open society moral reasoning schools of legal thought Stanley Fish

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