On Theoretical Aspects of the Concept of Rational Lawmaker: Between Optimization and Idealization of the Legislation

The concept of the rational legislator plays an important role in theory and philosophy law, both its historical-doctrinal contemporary dimensions. It occurs two main versions. first one is associated with optimization models, which define conditions for treating legislative practice as a activity actor. second version, so-called Poznan Theoretical School, expresses itself assumption legislator’s rationality, a-factual nature, terms subject matter objects activity. process legal interpretation, particularly evident relation to operative (judicial) interpretation. study shifts scope rationality from subjective point result actions context expanding set sources (carriers) law beyond regulations binding it broad category order, including judiciary carriers include court rulings extra-legal criteria used processes application. This gives idealization about order real dimension, potential element judicial “correction” results