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i Filozofii Społecznej

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

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Identification of Conventional Acts in Law as a Process of Recognizing Their Sense: An Introduction

Dr Karolina Gmerek

University of Szczecin

English abstract: From the very beginning, reflection on the sense of conventional acts (in law) accompanies theoretical considerations on conventional acts. On the one hand, that discussion can be considered developed and multi-threaded, and on the other hand, it is still open. This study is a voice in that discussion. The main aim of the article is to preliminary elaborate the identification process of conventional acts in law. The article also seeks to meet complementary research objectives which concern: 1) identifying the ways of understanding the meaning of conventional acts in the general theory of law, paying attention to the relationship between the definitions of the term “conventional act” and the understanding of the meaning of this type of acts, 2) considering problems of meaning levels of the conventional acts in law, and 3) describing the basic methodological assumptions of the conventional acts in law identification process. Particular attention is paid to the relationship between the way of defining the term “conventional act” and the identification process of this type of acts. Showing importance of this relationship allows to establish the proper place of the identification process within the concept of conventional acts in law and somehow “opens” the concept to issues which have not been, in the concept, the subject of systematic considerations.

Keywords: conventional acts, conventional acts in law, sense of conventional acts in law, conventional acts in law identification process

Language: Polish

Published: Number 3(28)/2021, pp. 54-68

DOI: https://doi.org/10.36280/AFPiFS.2021.3.54

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Number of downloads: 418

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Filed Under: Articles Tagged With: conventional acts, conventional acts in law, conventional acts in law identification process, sense of conventional acts in law

Identification of Procedural Acts Performed at the Trial: Considerations in the Context of the Actual Utterances of Non-professional Participants of Court Proceedings

Dr Karolina Gmerek

University of Szczecin

English abstract: The empirical research of the communication process at the trials which were held in common courts indicated, in particular, that the utterances of trial participants, despite their varied verbal forms, were identified as procedural acts. In addition, these verbal forms were often significantly different from the explicit forms where proper legal terms were used. The aforementioned results of the analysis lead the author to pose the following question: what thought processes (mechanisms) allow for the identification of procedural acts based on the utterances which are not explicit for the performance of these acts. The aim of this paper is to describe these types of mechanisms. The utterances of participants of a trial illustrate the issues taken into consideration in this paper.

Keywords: conventional acts, procedural acts, identification of procedural acts, trial, interpretation of procedural statements

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 21-36.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.21ENG

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Number of downloads: 395

Filed Under: Articles Tagged With: conventional acts, identification of procedural acts, interpretation of procedural statements, procedural acts, trial

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Keywords

civic participation Lawyers’ Professional Ethics communist crime legislative history Joanna Kuźmicka-Sulikowska subject legal reassessment of communist crimes Hohfeldian incidents axiology intellectual property Niklas Luhmann ideology law and ideology Roscoe Pound interpellation nonpositivist concept of law right of memory social interest recognition Bruce Ackerman personal meaning Leszek Kołakowski theory of legislation manner of taking into account the expiration of the limitation period ethos structural coupling juriscentrism public interest advocate impartiality war on terror “West” constitutional consciousness the subject matter of legal sciences liability of the State Treasury public legitimacy will Marta Soniewicka Joseph Raz conceptual motivation Bartosz Janik Wojciech Ciszewski theory of democracy legal syllogism teleological ethics Legal ontology post-theology Toulmin’s model universalism legislative materials Radbruch’s two formulae

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