Archiwum
Filozofii Prawa
i Filozofii Społecznej

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

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

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

Download: Download
Number of downloads: 65

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

Legal Narrative and Legal Disagreement

Mgr Marta Dubowska, Dr hab. Adam Dyrda

Jagiellonian University in Kraków

Abstract: What is the relationship between general legal theories and legal narratives? In this paper we aim to problematise this relationship in the context of different legal disagreements. As we see it, the Dworkinean category of “theoretical disagreement”, which basically refers to the phenomenon of disagreement “about the grounds of law” (between different general legal theories) is not sufficient to cover all substantial disagreements that appear in legal practice. Thus, we propose a category of “narrative disagreement” which has a wider scope. Eventually, we discuss the thesis of a possible equality of legal theories, as well as legal narratives, which we understand as an inevitable consequence of the relationship between legal theories/narratives and a special type of evidence on which they both rely: truisms about the law that laymen and/or legal professionals generally share.

Keywords: general legal theories, legal disagreement, theoretical disagreement, narrative disagreement, legal narrative, legal truisms

Language: English

Received: 26.12.2017
Accepted: 26.01.2018

Published: Number 2(17)/2018, pp. 47-59.

Download file: Download
Number of downloads: 139

Filed Under: Articles Tagged With: Adam Dyrda, general legal theories, legal disagreement, legal narrative, legal truisms, Marta Dubowska, narrative disagreement, theoretical disagreement

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

judicial deliberations constitutional identity interest of the individual Weber antagonism criminal law collective memories axiology culture of authority Filip Rakoczy Legal ontology linguistic corpora work myth law and emotions Systems Theory doxa value pluralism beauty decommunization political theology virtue jurisprudence Agnieszka Choduń ethical relativism theory of rational law-making thick properties validation-derivative approach Paul Grice Scott J. Shapiro democratic transtion metaphysical laws procedural acts herculean method of adjudication Marta Dubowska cognitive science religious monism ideas of criminal law Pierre Legendre manuscrits philosophiques clandestins comparative law respect for law legal education intra legem gap legal syllogism regulation of order Sylwia Wojtczak Jan Winczorek impartiality human nature conversational implicature

Copyright © 2022 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT