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Remarks on the pragmatic role of legal definitions in the derivational theory of legal interpretationIn Paweł Kwiatkowski & Marek Smolak (eds.), Poznań School of Legal Theory, Brill | Rodopi. 2021.
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14O trudnych przypadkach w filozofii prawa: studia z antropologii filozoficznej = On hard cases in the philosophy of law: studies in philosophical antropologyWydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego. 2015.
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13Game analogy in law reconsidered: is evidence at stake?Synthese 200 (6): 1-29. 2022.The aim of this paper is to show that the meaning and significance of legal evidence is being constituted throughout the course of a singular instance of legal proceedings. This is to be achieved by describing what legal agents _do_ while appealing to different propositions of fact and inferring from them throughout the course of legal proceedings. The authors claim that the process of applying the law is ultimately rooted in the inferential discursive practices of exchanging reasons on the part…Read more
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10Articulating Ratio Legis and Practical ReasoningIn Verena Klappstein & Maciej Dybowski (eds.), Ratio Legis: Philosophical and Theoretical Perspectives, Springer Verlag. pp. 29-55. 2018.Many irreconcilable accounts of ratio legis in legal science, often concerned with legal interpretation, suffer from being disconnected from practical reasoning. Different theories of legal interpretation which result in one-sided views of ratio legis are by-products of one-sided semantics. The first part of the chapter diagnoses this problem by providing a model of three types of one-sided semantics—upstream, midstream and downstream—and explaining how they translate into respective accounts of…Read more
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12Ratio Legis: Philosophical and Theoretical Perspectives (edited book)Springer Verlag. 2018.The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio le…Read more
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12About Intuition in Analytic Theories of LawAvant: Trends in Interdisciplinary Studies 9 (1): 31-45. 2018.Contemporary analytic theories of law attempt to provide hermeneutic answers to the metaphysical question about the nature of law with intuition playing a pivotal role in these attempts. It is doubtful, however, whether intuition can meet metaphysical and hermeneutic expectations of such theories. The article points out divergent ways of understanding intuition in analytic theories of law. Moreover, such theories face a dilemma of choosing between the „hard” ontology of law, to which intuition w…Read more
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16O intuicji w analitycznych teoriach prawaAvant: Trends in Interdisciplinary Studies 9 (1): 31-45. 2018.Contemporary analytic theories of law attempt to provide hermeneutic answers to the metaphysical question about the nature of law with intuition playing a pivotal role in these attempts. It is doubtful, however, whether intuition can meet metaphysical and hermeneutic expectations of such theories. The article points out divergent ways of understanding intuition in analytic theories of law. Moreover, such theories face a dilemma of choosing between the „hard” ontology of law, to which intuition w…Read more
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Adam Mickiewicz UniversityAssistant Professor
Poznan, Wielkopolskie, Poland