The Judicial Application of Law

ISBN-13: 9780792315698 / Angielski / Twarda / 1992 / 359 str.

Jerzy Wroblewski; Jerzy Wrblewski; Zenon Badkowski

Opis

This is the English version of Jerzy Wroblewski's major work in Polish, S dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.

Spis treści

Preface. I. Introduction. Part One: Basic Approaches to the Judicial Application of Law. II. Description of the Judicial Application of Law. III. Models of Judicial Application of Law. IV. Descriptive Models of Judicial Application of Law. V. Normative Models of Judicial Application of Law. Part Two: Theoretical Analysis of Judicial Application of Law. VI. Validity of Law and Decision of Validity. VII. Operative Interpretation and Decisions of Interpretation. VIII. Determination of Facts and Decision on Evidence. IX. Determination of Legal Consequences, Decision of the Choice of Consequences, and the Final Judicial Decision. X. Rationality and the Correctness of a Decision of the Application of Law. Part Three: Problems of the Ideology of the Judicial Application of Law. XI. Judicial Application of Law and the Ideological Point of View. XII. The Ideology of Bound Judicial Decision-Making. XIII. The Ideology of the Free Judicial Decision-Making. XIV. The Ideology of the Legal and Rational Judicial Decision-Making. XV. The Judge and the Application of Law. Bibliography.