The Judicial Application of Law

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Springer Science & Business Media, Nov 30, 1992 - Law - 357 pages
This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.
 

Contents

Validity of Law and Decision of Validity
75
Operative Interpretation and Decisions of Interpretation
87
Determination of Facts and Decisions on Evidence
131
Determination of Legal Consequences Decision of
189
Rationality and the Correctness of a Decision of
209
Judicial Application of Law and the Ideological Point
265
The Ideology of Bound Judicial DecisionMaking
273
TABLE OF CONTENTS
284
The Ideology of Legal and Rational Judicial Decision
305
The Judge and the Application of Law
315
Bibliography
330
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