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i Filozofii Społecznej

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

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How Are Symbolic Statutes Created? Two Case Studies

Prof. UŚ dr hab. Agnieszka Bielska-Brodziak, mgr Marek Suska

University of Silesia in Katowice

English abstract: Symbolic provisions of law lack effectiveness in the classic sense; moreover, the legislature using this instrument either accepts this lack of effectiveness or even intends it. Such provisions are adopted for the realization of either secret political goals or explicit goals – not by enforcing certain behaviours, but rather by shaping appropriate attitudes in the society. The aim of the study is to analyse the circumstances that may lead to the adoption of symbolic legal instruments. To implement this task, two examples from Polish legislation were selected, and then the circumstances of their adoption were analysed. In this way, several factors have been identified that may justify the fact that the legislature sought to establish: (1) symbolic provisions and (2) symbolic provisions intended primarily to attain secret political goals.

Keywords: symbolic law, law-making, effectiveness of law, law and politics

Language: Polish

Published: Number 2(23)/2020, pp. 121-134.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.121

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Number of downloads: 77

Filed Under: Articles Tagged With: effectiveness of law, law and politics, law-making, symbolic law

The influence of cognitive dissonance reduction on the content of positive law. Euphemisms

Mgr Sławomir Piekarczyk

University of Silesia


Abstract:
The written law is a result of collective normative decision. It is enacted by competent members of legislative body being people which aren’t free from their experiences and motives in the process of the enactment. Therefore the following question appears – what occurring processes at these persons can affect contents of the law. To find an answers (explanations), there is a need to go beyond classical law research, to the direction of outside integration theory of law and derive them from such a disciplines as psychology, sociology, political science, cognitive science and the other. Presented paper uses a theory of cognitive dissonance, derived from social psychology and developed by Leon Festinger (1957’) to formulate a hypotheses about the influence of cognitive dissonance reduction on the content of written law, which expressions may be euphemisms used by legislator.

Keywords: law-making, cognitive dissonance, cognitive dissonance reduction, Leon Festinger, euphemisms

Language: Polish

Published: Number 1(12)/2016, p. 44-54.

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Number of downloads:
16

Filed Under: Articles Tagged With: cognitive dissonance, cognitive dissonance reduction, euphemisms, law-making, Leon Festinger, Sławomir Piekarczyk

Clarity of law requirement regarding European Union law

Mgr Jakub Karczewski

University of Warsaw


English abstract:
Clarity is one of the basic traits of good law. So far, theory of law has focused on the clarity of law requirement only with reference to national legal orders. The article tries to apply this requirement to multilingual and multicultural European Union legal order. Clear law is understandable and precise. Although it is not possible to make law completely clear, the legislator should try to make it as clear as possible since such law protects important values and enables to achieve important goals, for instance it makes law more efficient and certain. One of the crucial prerequisites for clear law is appropriate language of the texts of legal acts. It concerns both vocabulary and syntax of these texts. Therefore, in order to make law clear, the legislator should follow specific rules regarding linguistic aspects of lawmaking. European Union law should be clear as well. Since European Union multilingual and multicultural legal order is different from national legal orders, including the multilingual ones, the methods of making European Union law clear are partly different from those applied in national legal orders. It concerns, above all, the language of texts of European Union legal acts. The use of new, European, legal terms is justified and helps make European Union law clear, even though this does not have to seem evident. In contrast to the new vocabulary, the new, European, syntax of texts of European Union legal acts is not justified. In order to make law clear, the European Union legislator should follow the same syntactic rules as the national legislator.

Keywords: clarity of law, European Union law, law-making, multilingualism of law, multiculturalism of law

Language: Polish

Published: Number 2(11)/2015, p. 42-58.

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Number of downloads:
83

Filed Under: Articles Tagged With: clarity of law, European Union law, Jakub Karczewski, law-making, multiculturalism of law, multilingualism of law

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Keywords

religious argumentation aesthetics limits of juristic power judicial decision Radbruch’s formula Leon Festinger good governance non-legislative lawful excuse comparative law justifications of judgments freedom of the ancient and modern Feminist Jurisprudence Integrative Theory of Law legal theory collective guilt Immanual Kant German organ transplantation law antagonism professional ethics of legal advisors legal gap semantics Krzysztof Sielski justification of punishment human rights Agamben sources of law contestation Arlie Hochschild judicial election Sabina Kruszyńska Paweł Kokot state without a name state neutrality materialism Paweł Skuczyński Paulus Vladimiri critical legal thought equal consideration principle emotions proportionality Tomasz Pietrzykowski legal disagreement professional role Tomasz Bekrycht logos indigenous people original position principle of salience ethical justification reflexivity

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