The Judicial Application of LawThis 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 |
330 | |
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Common terms and phrases
accepted according analogy application of law applied rule arguments axiological behaviour bound judicial decision-making Ch II Ch VIII choice of consequences concept concerning concrete consequences CL1 contra legem court decisional model defined directives of interpretation directives of proof elements existential statement exists in ST expressed extra-legal fact F final judicial decision formal logic formulated free judicial decision-making functional H. L. A. Hart ideology of bound ideology of free ideology of legal internal rationality judge judicial activity judicial application justification justificatory reasoning law-applying law-making LEG-justification legal and rational legal language legal positivism legal realism legal system linked logic meaning normative basis normative model operative interpretation OSPIKA point of view polysemy practice premisses presupposes problems procedural question rational judicial decision-making relational statement relevant role rule of decision semantic situation social statutory law systems substantive syllogism Szerer term tion treated values Wróblewski