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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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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

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Keywords

law and ethics strategic speech Olga Sitarz rational application of law interests of the deceased equality procedural criminal law direct application of the constitution intellectual property collective memory conflict resolution Otto von Gierke Paul Grice skepticism strategies of interpretation vagueness situationalist and normativist conception CEENJ legal operators Karol Staśkiewicz Marcin Pieniążek interpellation interpretation of procedural statements theory of law Magdalena Glanc Leviathan legal cinematography general clauses artefact terrorist attack Polish law the Other legal gap schools of legal thought patient's rights analytical legal theory situationalist concept of general clauses legal gaps Rudolf von Jhering metaphysical laws images Summa iniuria contestation Judith Butler personal dimension in legal education Toulmin’s model Krzysztof Janas Adam Sulikowski concepts of criminal law pragmatics

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