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)

This thesis explores the significance of Godel's Theorem for an understanding of law as rules, and of legal adjudication as rule-following. It argues that Godel's Theorem, read through Wittgenstein's understanding of rules and language as a contextual activity, and through Derrida's account of 'undecidability,' offers an alternative account of the relationship of judging to justice. Instead of providing support for the 'indeterminacy' claim, Godel's Theorem illuminates the predicament of undecidability that structures any interpretation and every legal decision, and which constitutes (...) the opening to justice. The first argument in this thesis examines Godel's proof, Wittgenstein's views on rules, and Derrida's undecidability, as manifestations of a common concern with the limits of what can be formalized. The meta-argument examines their misinterpretation and misappropriation within legal theory as a case study of just what they mean about meaning, context, and justice as necessarily co-implicated. (shrink)