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

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Critical Analysis of the Hypothesis About the Usefulness of the Idea of Conceptual Metaphor in the Interpretation of Law

dr hab. Robert Piszko, prof. US

University of Szczecin

English abstract: Since 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. It began to be seen also as a form of human thinking, a tool of cognition. Metaphor began to be seen in areas of life where it had hitherto been absent. These areas included law. However, the enthusiasm of authors who see the great role of metaphorical imagery in law is not justified. An analysis of the examples of metaphors in legal texts given in scientific studies indicates too much freedom in qualifying certain expressions as metaphors and seeing their role or usefulness where there is none – that is, also in legal texts and in the interpretation of law. Metaphors are mistaken for phraseological compounds and for previously metaphorical expressions that have permanently lost this character as a result of conventionalization or lexicalisation. The potential effect of adopting a cognitivist perspective has previously been otherwise achieved in the legal sciences at the expected level. The results indicated as possible with the tools of cognitive science are nothing new, and the possibility of achieving them is either debatable or impossible. The conceptual metaphor, on the other hand, can play an important role when it comes to the justification of judicial or administrative decisions, the content of law textbooks, statements of doctrinal representatives with regard to the law Using the language of cognitive science, the radial structures of legal and ethical concepts can more promisingly be made the subject of research, which can enable the coexistence of humans and artificial intelligence. The research material was mainly investigated using the method of linguistic analysis.

Keywords: metaphor, phraseological association, conceptual motivation, radial structures, legal reasoning, legal cognition, interpretation of law

Language: Polish

Published: nr 2(39) 2024, p. 19-33.

DOI: https://doi.org/10.36280/AFPiFS.2024.2.19

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Number of downloads: 100

This text is licensed under a Creative Commons Attribution 4.0 International License.

Filed Under: Articles Tagged With: conceptual motivation, interpretation of law, legal cognition, legal reasoning, metaphor, phraseological association, radial structures

Reflections on the Dynamism and Deliberativeness in the Interpretation of Law on the Example of Cases Concerning LGBTQ+ Rights

Prof. UŁ dr hab. Bartosz Wojciechowski

University of Łódź

English abstract:  The article illustrates the numerous contexts and the multifaceted nature of the LGBTQ+ persons’ rights to citizenship, to have a correct civil status record, or to benefit from tax reductions or exemptions of on the same terms as other citizens, e.g., those in heterosexual unions. It shows how complicated it has become to adjudicate on matters that, in view of the subject-matter of regulation, should be relatively clear and predictable. Reflective interpretation of law makes it possible to take into account its non-eliminable changeability, as well as the fluidity of meaning of terms and phrases used in legal texts – factors which oblige the interpreter to refer to extra-linguistic contexts of interpretation, i.e., to functional and systemic arguments. The author considers that it is not possible to reach an adequate understanding of the current legal context without analysing the social and cultural context, especially when
considering pluralism of values as the modus vivendi of a democratic society.

Keywords: deliberativeness, LGBTQ+, fundamental rights, identity, hard cases, interpretation of law

Language: Polish

Published: Number 4(33)/2022, pp. 21-38

DOI: https://doi.org/10.36280/AFPiFS.2022.4.21

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Number of downloads: 228

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

Filed Under: Articles Tagged With: deliberativeness, fundamental rights, hard cases, identity, interpretation of law, LGBTQ

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Keywords

interpretatio retro non agit legal presumption analytical philosophy intertextuality imperative of evaluating secularism virtue ethics Julius Binder deliberativeness Weight Formula memory studies derivative concept of legal interpretation problem of pre-understanding equality reactive attitudes phenomenological philosophy spirit of law legal gaps situationalist and normativist conception Bartosz Janik holy war Mariola Żak administrative courts restorative justice LGBTQ the principles of community co-existence Sławomir Piekarczyk “West” international society coherentism Immanual Kant Jedwabne debate dignity Wojciech Zomerski analytic pragmatism intention epistemology of law judgment justifications harmony and dissonance Karol Staśkiewicz reflective equilibrium Justyna Jezierska friend myth fundamental rights cooperativisim sorites paradox culture of justification IBE politics of time

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