Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR
  • General info
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors / Ethics
  • Contact
  • Polski

Fish – Dworkin debate as an example of dispute about practice of interpretation of law

Dr Michał Pełka

University of Warsaw


English abstract:
The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.

Keywords: legal interpretation, meaning, Stanley Fish, Ronald Dworkin, Ludwig Wittgenstein

Language: Polish

Published: Number 2(11)/2015, p. 86-105.

Download file: Download
Number of downloads:
205

Filed Under: Articles Tagged With: legal interpretation, Ludwig Wittgenstein, meaning, Michał Pełka, Ronald Dworkin, Stanley Fish

Categories

  • Articles
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

judicial deliberations transplants statutory lawlessness social interest advocate nullum crimen sine lege ordoliberalism dynamic interpretation state neutrality aims means of the law Adam Dyrda religious argumentation cultural defense decision-making Karl Popper popular constitutionalism limitation of claims transnational memory of the Holocaust structural coupling Berlin Wall multiculturalism of law psycholinguistics Olga Sitarz Paul Ricoeur legal responsibility criminal law cognitive psychology emergency laws legal ethics regulation of liberty society cognitive linguistics institutional theory subject categorization pluralism impartiality and independence of judges objectivism interest of the state holy war truth revelation procedures journalist prototype theory public interest advocate nostalgia Kant judicial reasoning Maciej Próchnicki memory law professional self-governments sincerity principle

Copyright © 2021 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Dawid Milczarek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Necessary Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.