law-making

Terminological Consistency in the Legal System. A View at the Problem of Interpretation from the Perspective of Law-making Practice

Dr Marek SUSKA

Silesian University in Katowice

English abstract: The goal of the article is to determine whether the legal interpretation should be made with the assumption of consistency of terminology at the level of a branch of law or at the global level. The question is therefore whether the interpreter should presume that the legislator ‘by default’ refers those who apply the law only to the legal definitions contained in a certain, most general act within one branch of law, or whether, regardless of the branch, the legislator always uses a uniform terminology. An analysis of the law-making practice may be a source of useful cues to answer this question. First, the article reconstructs the requirements imposed on the drafters by the Principles of Legislative Technique. Secondly, several dozen acts passed by the Sejm of the 7th and 8th term of office are examined in terms of the presence of ‘definitional’ references to acts from the same branch of law and acts from another branch of law. In this way, it is established that only the presumption of a legal act maintain terminological consistency with legal definitions set out in the basic act for a given branch of law seems to be legitimate. The basic act should not be understood in an institutional way, but as one relating to a quasi-branch. The article also identifies at least some cases where it is justified or unjustified to use ‘explicit’ references to point out branch-level or global terminological consistency. The results of the analyses may find application in the discussion on the meaning of the directive of legal language in the theory and practice of interpretation, as well as in the theory and practice of legislation – in determining when it is necessary to use a provision referring to a legal definition.

Keywords: terminological consistency, provisions referring to other provisions, legal language, law-making, legal interpretation, system of law

Language: Polish

Published: Number 1(34)/2023, pp.58-71

DOI: https://doi.org/10.36280//AFPiFS.2023.1.58

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

How Are Symbolic Statutes Created? Two Case Studies

Prof. UŚ dr hab. Agnieszka Bielska-Brodziak, mgr Marek Suska

University of Silesia in Katowice

English abstract: Symbolic provisions of law lack effectiveness in the classic sense; moreover, the legislature using this instrument either accepts this lack of effectiveness or even intends it. Such provisions are adopted for the realization of either secret political goals or explicit goals – not by enforcing certain behaviours, but rather by shaping appropriate attitudes in the society. The aim of the study is to analyse the circumstances that may lead to the adoption of symbolic legal instruments. To implement this task, two examples from Polish legislation were selected, and then the circumstances of their adoption were analysed. In this way, several factors have been identified that may justify the fact that the legislature sought to establish: (1) symbolic provisions and (2) symbolic provisions intended primarily to attain secret political goals.

Keywords: symbolic law, law-making, effectiveness of law, law and politics

Language: Polish

Published: Number 2(23)/2020, pp. 121-134.

DOI: https://doi.org/10.36280/AFPiFS.2020.2.121

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Number of downloads: 252

The influence of cognitive dissonance reduction on the content of positive law. Euphemisms

Mgr Sławomir Piekarczyk

University of Silesia

Abstract: The written law is a result of collective normative decision. It is enacted by competent members of legislative body being people which aren’t free from their experiences and motives in the process of the enactment. Therefore the following question appears – what occurring processes at these persons can affect contents of the law. To find an answers (explanations), there is a need to go beyond classical law research, to the direction of outside integration theory of law and derive them from such a disciplines as psychology, sociology, political science, cognitive science and the other. Presented paper uses a theory of cognitive dissonance, derived from social psychology and developed by Leon Festinger (1957’) to formulate a hypotheses about the influence of cognitive dissonance reduction on the content of written law, which expressions may be euphemisms used by legislator.

Keywords: law-making, cognitive dissonance, cognitive dissonance reduction, Leon Festinger, euphemisms

Language: Polish

Published: Number 1(12)/2016, p. 44-54.

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Number of downloads: 16

Clarity of law requirement regarding European Union law

Mgr Jakub Karczewski

University of Warsaw

English abstract: Clarity is one of the basic traits of good law. So far, theory of law has focused on the clarity of law requirement only with reference to national legal orders. The article tries to apply this requirement to multilingual and multicultural European Union legal order. Clear law is understandable and precise. Although it is not possible to make law completely clear, the legislator should try to make it as clear as possible since such law protects important values and enables to achieve important goals, for instance it makes law more efficient and certain. One of the crucial prerequisites for clear law is appropriate language of the texts of legal acts. It concerns both vocabulary and syntax of these texts. Therefore, in order to make law clear, the legislator should follow specific rules regarding linguistic aspects of lawmaking. European Union law should be clear as well. Since European Union multilingual and multicultural legal order is different from national legal orders, including the multilingual ones, the methods of making European Union law clear are partly different from those applied in national legal orders. It concerns, above all, the language of texts of European Union legal acts. The use of new, European, legal terms is justified and helps make European Union law clear, even though this does not have to seem evident. In contrast to the new vocabulary, the new, European, syntax of texts of European Union legal acts is not justified. In order to make law clear, the European Union legislator should follow the same syntactic rules as the national legislator.

Keywords: clarity of law, European Union law, law-making, multilingualism of law, multiculturalism of law

Language: Polish

Published: Number 2(11)/2015, p. 42-58.

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Number of downloads: 176