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Why Interpret?

Ratio Juris 9 (4):349-363 (1996)

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  1. The Derivational Theory of Legal Interpretation in Polish Legal Theory.Olgierd Bogucki - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):617-636.
    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 (...)
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  • The Purpose of Legal Theory: Some Problems with Joseph Raz’s View. [REVIEW]Paula Gaido - 2011 - Law and Philosophy 30 (6):685-698.
    This article seeks to clarify Joseph Raz’s contention that the task of the legal theorist is to explain the nature of law, rather than the concept of law. For Raz, to explain the nature of law is to explain the necessary properties that constitute it, those which if absent law would cease to be what it is. The first issue arises regarding his ambiguous usage of the expression “necessary property”. Concurrently Raz affirms that the legal theorist has the following tasks: (...)
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