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  1.  15
    Speech act theory and the rule of recognition.Marcin Matczak - 2019 - Jurisprudence 10 (4):552-581.
    In this paper, I re-interpret Hart’s concept of the rule of recognition using the theoretical framework of J. L. Austin’s speech act theory, in particular by treating recognition, change and adjudi...
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  2.  21
    Ruth G. Millikan's conventionalism and law.Marcin Matczak - 2022 - Legal Theory 28 (2):146-178.
    ABSTRACTConventionalism once seemed an attractive way to justify the viability of the positivistic social thesis. Subsequent criticism, however, has significantly lessened its attractiveness. This paper attempts to revive jurisprudential interest in conventionalism by claiming that positivists would profit more from the conventionalism of Ruth G. Millikan than that of David Lewis.Three arguments are proffered to support this contention. First, Millikan's conventionalism is not vulnerable to the major criticism leveled at conventionalism, viz its compliance-dependence, as this is not its defining feature. (...)
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    Semantyka Kripkego-Putnama a język prawny.Marcin Matczak - 2007 - Studia Semiotyczne 26:307-329.
  4.  4
    Why Judicial Formalism is Incompatible with the Rule of Law.Marcin Matczak - 2018 - Canadian Journal of Law and Jurisprudence 31 (1):61-85.
    Judicial formalism is perceived as fully compliant with the requirements of the rule of law. With its reliance on plain meaning and its reluctance to apply historical, purposive and functional interpretative premises, it seems an ideal tool for constraining discretionary judicial powers and securing the predictability of law’s application, which latter is one of the main tenets of the rule of law. In this paper, I argue that judicial formalism is based on a misguided model of language, and as such (...)
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    On the Individuation of Laws and the Interpretation-Construction Distinction. [REVIEW]Marcin Matczak - 2024 - Res Publica 30 (2):229-248.
    The problem of the individuation of laws, identified by Bentham, is dismissed as irrelevant to legal philosophy by some commentators. This paper presents individuation as crucial for understanding the cognitive processes underlying legal interpretation. It draws on the work of Maciej Zieliński and Teun van Dijk to show that legal interpretation is based on deriving legal rules qua semantic macrostructures from a legal text treated as a complex discourse. The Zieliński/van Dijk model also lends theoretical support to the interpretation-construction distinction (...)
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