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On an Interpreter’s Game with the Legal Text and Extratextual Factors in the Derivative Concept of Legal Interpretation

Dr Paweł Jabłoński, prof. UWr dr hab. Przemysław Kaczmarek

University of Wrocław

English abstract: The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements.

These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.

Keywords: derivative concept of legal interpretation, limits of juristic power, legal text

Language: Original printed in Polish, English translation available below

Published: Number 2(23)/2020, pp. 49-65.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.49ENG

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Filed Under: Articles Tagged With: derivative concept of legal interpretation, legal text, limits of juristic power

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subjectivity/structure Noam Chomsky basic social structure philosophy of dialogue interest of the state legal conventionalism Michael Moore death moral status legal science US case law realism Michał Pawłowski Constitutional Court principle of nondiscrimination law as a border abominable law Arkadiusz Barut doctors value pluralism existentialism principle of salience revolutionism nonpositivist concept of law ethical naturalism spiritual crisis theory of ideology human nature legal axiology scientific study of law utopia legal system dialogical utterance proportionality legislative materials radosław zyzik interest of the individual validation-derivative approach spirit of law legal responsibility interests of the deceased legal multicentrism Tomasz Pietrzykowski universalism Kantianism animal rights legal doxa codification regional ontologies Herbert Hart

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