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i Filozofii Społecznej

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

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Narrativity of Legal Language in Law-Making Processes

Dr Paweł Skuczyński

University of Warsaw

English abstract: The paper concerns the relation between argumentative and narrative features of legal texts and the question whether legal texts can be perceived as narrative texts. A narrative text is understood as transferring a story to the recipient through a given medium. The story, being the content of a narrative text, constitutes a specific way of manifesting the plot. The latter is a sort of internal logic of the story. The very same plot might be told in many different ways. Hence, the narrative text does not depict events directly, but through a story that requires a storytelling agent – the narrator. Certainly, there are different kinds of narrators, who can be more or less exposed within the text. In consequence, there are at least five positions concerning the relation between argumentation and narration in law: 1) sceptic – narration is a negation of the reasonableness of law; 2) narration is a structure of presentation of facts; 3) narration is a means of rhetoric persuasion; 4) narration is a meta-argumentative structure; 5) narration is a subject of critical analysis as it reveals the identity of an author. The theory of narration is applied to a particular problem of participation of professional self-governments in law-making.

Keywords: legal narrative, legal argumentation, legal language, law-making, professional self-governments

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 66-83.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.66ENG

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Filed Under: Articles Tagged With: law-maiking, legal argumentation, legal lenguage, legal narrative, professional self-governments

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Keywords

judicial impartiality legal narrative concept freedom MacCormick justification of interpretive claim legal aphorisms culture of justification subjectivity/structure Leon Festinger Katarzyna Hanas recognition Tomasz Pietrzykowski Maciej Koszowski Piyel Haldar Sabina Kruszyńska existentialism Martin Krygier exemplarism liability for damages legislative materials concepts of criminal law institutionalization of collective memory constitutional values reasonableness of the law cohesion ethnocentrism “East” Ofer Raban secularism critical legal thought state neutrality intertextuality legal guarantees of advocates’ activity fairness right to truth mercy Monika Zalewska cooperativisim law and emotions civic participation virtue ethics Chinese aphorisms multicentrism legal facts clarity of law Dawid Bunikowski individual and political freedom conflict resolution structural coupling

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