Grammatical Issues in Judicial Interpretation – Does Legal Practice Needs Linguistic Theory? Based on Polish Courts’ Decisions
نویسندگان
چکیده
منابع مشابه
Linguistic evidence and grammatical theory.
This article surveys the major kinds of empirical evidence used by linguists, with a particular focus on the relevance of the evidence to the goals of generative grammar. After a background section overviewing the objectives and assumptions of that framework, three broad kinds of data are considered in the three subsequent sections: corpus data, judgment data, and (other) experimental data. The...
متن کاملLegal Doctrine on Collegial Courts
Appellate courts, which have the most control over legal doctrine, tend to operate through collegial (multimember) decision making. How does this collegiality affect their choice of legal doctrine? Can decisions by appellate courts be expected to result in a meaningful collegial rule? How do such collegial rules differ from the rules of individual judges? We explore these questions and show tha...
متن کاملAction-based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice
THEORIZING ABOUT LAW and legal concepts falls under the field of jurisprudence, as do certain aspects of the assessment of legal institutions, procedures, and processes. Theorists in this field are typically described as working within various schools of thought, principally: natural law, legal positivism, legal realism, and critical legal studies. An alternative to these schools has been emerg...
متن کاملLegal Uniformity in American Courts
Intercircuit splits occur when two or more circuits on the U.S. Courts of Appeals issue different legal rules about the same legal question. When this happens, federal law is applied differently in different parts of the country. Intercircuit splits are an indicator of legal non-uniformity, an impediment to lawyering and judging, and have real, practical consequences for American law. They are ...
متن کاملRelational Formalism, Linguistic Theory and Legal Construction
Legal formalism and legal relationalism are traditionally thought of as defining opposite poles of jurisprudential analysis. This study develops the notion of “relational formalism” as it emerges from practices of commercial law and from linguistic theory. As an interpretation of practice, relational formalism—although maintaining the precedence of formalist construction over functional analysi...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Comparative Legilinguistics
سال: 2018
ISSN: 2391-4491
DOI: 10.14746/cl.2018.34.2