Welcome to the issue 2(39)/2024 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue includes the following texts:
Articles:
Dr Tomasz GRZYBOWSKI, Dr Marta SARNOWIEC-CISŁAK
Determining Temporal Limits of Court’s Interpretative Decision (in Light of the Case Law of Administrative Courts)
Prof. US dr hab. Robert PISZKO
Critical Analysis of the Hypothesis About the Usefulness of the Idea of Conceptual Metaphor in the Interpretation of Law
Mgr Kaja PTAK
Reconstruction of the Concept of Interpretative Juristic Presumption
Mgr Zdeněk TRÁVNÍČEK
Metaphysical Vagueness, Identity of Legal Cases, and the Rule of Law
Dr Julia WESOŁOWSKA
The Scale and Diversity of References to Emotion in Polish Case Law on Personal Injury
Mgr Bartosz WIELECHOWSKI
Hard to Explain? – Abductive Reasoning in Legal Factual Inferences
Reviews:
Prof. UAM dr hab. Marzena KORDELA
Emmanuel Jeuland, Theories of Legal Relations, Cheltenham, Northampton 2023. A Review
The issue is available HERE.
Table of contents
Issue page: Issue 2(39)/2024 [PL/ENG]
- Determining Temporal Limits of Court’s Interpretative Decision (in Light of the Case Law of Administrative Courts)Subject of consideration in this article remains the problem of changing direction of interpretation in judicial-administrative jurisprudence, which sometimes produces consequences similar to the effects of a legislative change. Against this background, the authors attempt to formulate a description of the practice of application of law, i.e.
- Critical Analysis of the Hypothesis About the Usefulness of the Idea of Conceptual Metaphor in the Interpretation of LawSince George Lakoff and Mark Johnson published a book entitled Metaphors We Live By, metaphors and their role in everyday life have been recognised. Metaphor has henceforth ceased to be a means only of poetic imagination and rhetorical embellishment.
- Reconstruction of the Concept of Interpretative Juristic PresumptionJuridical presumptions, including interpretative juridical presumptions, have not been elaborated on in detail in theoretical and legal terms, although they are an interpretative tool often used in jurisdiction and literature. Recently there has been a revival of the discussion on the presumption of constitutionality (conformity with the constitution) of laws (statutes).
- Metaphysical Vagueness, Identity of Legal Cases, and the Rule of LawThis paper proposes an approach to scientific biography from the perspective of Pierre Bourdieu’s theoretical project.
- The Scale and Diversity of References to Emotion in Polish Case Law on Personal InjuryThis article is intended as a systematic, quantitative study of the occurrence of emotion-related terms in the discourse of Polish case law on personal injury. My purpose is to show the scale (prevalence) and range (variety) of references to terms related to feelings and affect in the decisions of Polish courts, and to compare this data with rudimentary psychological nomenclature.
- Hard to Explain? – Abductive Reasoning in Legal Factual InferencesThe purpose of the article is to apply the concept of abductive reasoning in the description and evaluation of legal inferences about facts. The reflection is conducted in the field of philosophy of law and methodology of science.
- Emmanuel Jeuland, Theories of Legal Relations, Cheltenham, Northampton 2023. A Review