Open AccessDialogical Concept of Legal Interpretation
Author(s) -
Zygmunt Tobor,
Konrad Kobyliński
Publication year - 2021
Publication title -
archiwum filozofii prawa i filozofii społecznej
Language(s) - English
Resource type - Journals
ISSN - 2082-3304
DOI - 10.36280/afpifs.2020.2.35eng
Subject(s) - dialogical self , legislature , normative , interpretation (philosophy) , dimension (graph theory) , political science , law , order (exchange) , epistemology , sociology , computer science , mathematics , philosophy , business , finance , pure mathematics , programming language
The purpose of this text is to present an outline of the dialogical concept of legal interpretation. It involves the need to establish the relationship between the legislature and courts. In the normative dimension, this concept includes an analysis of assumptions about the mutual roles of the legislature and courts in determining the substance of the law. In the descriptive dimension, the authors present tools that enable communication between the legislature and courts in order to improve the interpretation process. The authors describe the requirements for communication between courts and the legislature, and refer to existing solutions in Poland and the United States. In the text the importance of this issue is only signaled, but the authors believe that it is worth further research.