Archiwum
Filozofii Prawa
i Filozofii Społecznej

(ISSN: 2082-3304)

IVR

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

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: 35