In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimi... more In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept introduced by Alf Ross. Opałek demonstrates that directives cannot be represented by Ross’s formula: ‘d(T)’ (where d stands for the directive operator and T represents the neutral phrase, called ‘topic’). Polish legal theorist claims that the correct symbolic formula for directive structure is: ‘D(ut p)’. Such a formula for directive contains, besides the directive operator D, a sentence in a subjunctive mood, introduced by the ut- or utinam- connective clause.
Archiwum Filozofii Prawa i Filozofii Społecznej, 2012
According to H.L.A. Hart, the rule of recognition is one of secondary rules that is supposed to b... more According to H.L.A. Hart, the rule of recognition is one of secondary rules that is supposed to be a remedy for the uncertainty of primary rules. In this paper we will try to answer the question: To what extent may this rule guarantee legal certainty? After discussing important differences between the concept of the rule of recognition and Kelsenian concept of the basic norm (Grundnorm), we will examine the role of the rule of recognition in the context of the problem of the external certainty of law. When analyzing its content, meaning and effects of using the criteria of validity contained in the rule of recognition, we discovered three types of uncertainty related to the rule of recognition: the substantive, interpretive and applicative one. Our considerations have led us to the conclusion that the rule of recognition, having as its aim the function of removing the uncertainties of law, is itself one of the sources of these uncertainties. It is difficult to consider it as a genui...
review of central and east european law 45 (2020) 299-313, 2020
In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimi... more In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept introduced by Alf Ross. Opałek demonstrates that directives cannot be represented by Ross’s formula: ‘d(T)’ (where d stands for the directive operator and T represents the neutral phrase, called ‘topic’). Polish legal theorist claims that the correct symbolic formula for directive structure is: ‘D(ut p)’. Such a formula for directive contains, besides the directive operator D, a sentence in a subjunctive mood, introduced by the ut- or utinam- connective clause.
Die Reine Rechtslehre auf dem Prüfstand / Hans Kelsen's Pure Theory of Law: Conceptions and Misconceptions, 2020
Alf Ross is recognised as the leading Scandinavian legal theorist of the twentieth century. Hans... more Alf Ross is recognised as the leading Scandinavian legal theorist of the twentieth century. Hans Kelsen – Ross’s first master – immensely influenced Ross’ thinking, to the point where Ross was even accused of plagiarising Kelsen’s original ideas. The paper deals with the problem of scientific plagiarism, discussed in the context of a similar concept that is commonly used in the field of art. It appears that Ross’s ideas, though strongly inspired by Kelsen, were innovative and insightful. And Ross’s own analysis of the early version of the Reine Rechtslehre was critical enough to absolve him from any charge of intentional plagiarism.
In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimi... more In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept introduced by Alf Ross. Opałek demonstrates that directives cannot be represented by Ross’s formula: ‘d(T)’ (where d stands for the directive operator and T represents the neutral phrase, called ‘topic’). Polish legal theorist claims that the correct symbolic formula for directive structure is: ‘D(ut p)’. Such a formula for directive contains, besides the directive operator D, a sentence in a subjunctive mood, introduced by the ut- or utinam- connective clause.
Archiwum Filozofii Prawa i Filozofii Społecznej, 2012
According to H.L.A. Hart, the rule of recognition is one of secondary rules that is supposed to b... more According to H.L.A. Hart, the rule of recognition is one of secondary rules that is supposed to be a remedy for the uncertainty of primary rules. In this paper we will try to answer the question: To what extent may this rule guarantee legal certainty? After discussing important differences between the concept of the rule of recognition and Kelsenian concept of the basic norm (Grundnorm), we will examine the role of the rule of recognition in the context of the problem of the external certainty of law. When analyzing its content, meaning and effects of using the criteria of validity contained in the rule of recognition, we discovered three types of uncertainty related to the rule of recognition: the substantive, interpretive and applicative one. Our considerations have led us to the conclusion that the rule of recognition, having as its aim the function of removing the uncertainties of law, is itself one of the sources of these uncertainties. It is difficult to consider it as a genui...
review of central and east european law 45 (2020) 299-313, 2020
In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimi... more In his monograph Z teorii dyrektyw i norm [From the Theory of Directives and Norms] (1974) Kazimierz Opałek, apart from other issues, analyzes directives, optatives and evaluative statements as utterances belonging to the directive discourse and deals with a question of the logical-semantic status of the utterances. Opałek’s main critique concerns the logical-semantic status of the topic – the concept introduced by Alf Ross. Opałek demonstrates that directives cannot be represented by Ross’s formula: ‘d(T)’ (where d stands for the directive operator and T represents the neutral phrase, called ‘topic’). Polish legal theorist claims that the correct symbolic formula for directive structure is: ‘D(ut p)’. Such a formula for directive contains, besides the directive operator D, a sentence in a subjunctive mood, introduced by the ut- or utinam- connective clause.
Die Reine Rechtslehre auf dem Prüfstand / Hans Kelsen's Pure Theory of Law: Conceptions and Misconceptions, 2020
Alf Ross is recognised as the leading Scandinavian legal theorist of the twentieth century. Hans... more Alf Ross is recognised as the leading Scandinavian legal theorist of the twentieth century. Hans Kelsen – Ross’s first master – immensely influenced Ross’ thinking, to the point where Ross was even accused of plagiarising Kelsen’s original ideas. The paper deals with the problem of scientific plagiarism, discussed in the context of a similar concept that is commonly used in the field of art. It appears that Ross’s ideas, though strongly inspired by Kelsen, were innovative and insightful. And Ross’s own analysis of the early version of the Reine Rechtslehre was critical enough to absolve him from any charge of intentional plagiarism.
Uploads