NDLI: Interpretation of Law and Judges Communities

Content Provider	Springer Nature Link
Author	Zirk Sadowski, Marek
Copyright Year	2011
Abstract	The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role.
Starting Page	473
Ending Page	487
Page Count	15
File Format	PDF
ISSN	09528059
Journal	International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Volume Number	25
Issue Number	4
e-ISSN	15728722
Language	English
Publisher	Springer Netherlands
Publisher Date	2011-10-26
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	General theory of interpretation Derivational conception of interpretation Court judicature An interpretative canon of omnia sunt interpretanda The so-called indeterminacy of judicial decisions Community of judges Theories of Law, Philosophy of Law, Legal History Logic Philosophy of Law Sociolinguistics Applied Linguistics
Content Type	Text
Resource Type	Article
Subject	Law Linguistics and Language

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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