The article presents so-called “derivational” theory of legal interpretation and analyzes its basic assumptions. The derivational theory of legal interpretation is still little known outside of Poland. The article is divided into two parts. The first part is presenting the normative model of legal interpretation according to the derivational theory. In the second part, the basic assumptions and features of the theory are analysed in context of some other approaches to legal interpretation. The author argues that there are two levels (...) of the derivational theory: local and universal. The local level of theory is related to the fact that it was designed for Polish legal system and legal culture. However, beyond its local features, the derivational theory is presenting strong theoretical framework and some significant universal ideas about legal interpretation. This creates universal level that can be called the “hard core” of the theory. The author characterizes the elements of this hard core, and in particular the most important element: the idea that the legal interpretation consists in the reconstruction of legal norms from legal provisions. (shrink)

Herbert Spencer is one of the most distinguished representatives of Nineteenth-Century liberalism. Originality of his doctrine is based on combined concepts of social evolutionism with postulates of conservative liberalism. Ethics of an individual were the conceptual point of his philosophical reflection. Thus he believed that a free market economy is the economic foundation of ethical and material development of every individual. Material development may be summarized as achieving ever improving results of performed actions. According to Spencer, the free market critically (...) assesses the quality of goods through increasing demand for goods of better quality. In this manner effective producers develop, because they achieve greater gain from their work. Moral development of an individual is in turn focused on continuous self-improvement. Through developing his skills a man increases the quality of actions carried out by him or of objects that he creates. The “law of equal freedom” – also described by Spencer – is in direct connection with the aforementioned issues. This rule states that every man has the right to do anything, as long as his actions do not infringe upon the freedom of another man which is defined in exactly the same manner. Thus the law of equal freedom can be characterized as a negative freedom if juxtaposed with relations that occur between individuals themselves or between individuals and the state. Combining of ethical and economic topics leads to the presentation of inhibitions that, according to Spencer, should be placed upon the activity of the State in the field of economy. Spencer believed that the State should not interfere with the economy, since all individuals should be granted full freedom of participating in comply with their own interests. (shrink)

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

In the Introduction to the Polish-language version of the present book I expressed the hope that Polish studies in semiotics would before long be numerous enough to make possible another anthology on semiotics in Poland containing material published since 1970. That hope has in fact come true. The fact that semiotic research has been gaining momentum in this country is reflected in the growing interest in the discipline, in expanding international contacts, and in the steady increase in the number of (...) publications. Thus, 1972 saw the setting up of the Department of Logical Semiotics, headed by the present writer, at Warsaw University Institute of Phi losophy. The seminar on semiotics, which I started in 1961, had met more than two hundred times by the end of 1976; since 1968, meetings have been held jointly with the Polish Semiotic Society. Another semi nar, confined to university staff and concerned with logical semiotics, which was inithted in 1970, had met more than fifty times by the end of 1976. The former seminar often plays host to foreign visiting pro fessors; so far scholars from Australia, Belgium, Britain, Canada, Czechoslovakia, France, the German Democratic Republic, Italy, the Netherlands, the Soviet Union, and the United States have attended. (shrink)