Man has 5 senses. He is not guided by these senses on a competitive basis: he does not move, according to what he hears ignoring what he sees. The key in operative senses is the SUPERIOR SENSE called PROPRIOCEPTION, which coordinates feeling with vision and movement. An analogy to the 5 senses of man is represented by 6 methods of interpreting the law: linguistic, logical, systemic, purposely, functional and historical. But is there an OVERARCHING METHOD, sort of PRIOPRIOCEPTION OF INTERPRETATION, by which lawyers coordinate these six methods and obtain a coordinated MOVEMENT OF LEGAL THOUGHT.
From what I remember, THE LAW, which we are taught in college when discussing THE INTERPRETATION OF THE LAW, does not provide lawyers with such a tool. But in practice, such a tool exists, however, is rather not well recognized. In practice, lawyers tend to argue which sense (method of interpretation) deserves more priority in a particular case. This is fundamentally the wrong approach. In practice, what acts as an unresolved SENSE OF INTERPRETATION PRIOPERCEPTION is THE CONTEXT OF THE CASE or CASE ANALYSIS. The context of a case provides insight through which lawyers are able to decide what needs to be done. And that’s how it should be. Not the other way around.
There are two fundamental questions raised by covid-19 business bans: 1. Have the provisions of the relevant regulations , to the extent that they prohibit economic activities, been adopted within the limits of the statutory mandate granted by the Act on combating infectious diseases. The …
Business bans due to CovidIn law studies, we discussed Max Scheler’s excellent book “Problems of Sociology of Knowledge”. Among other things, the author tried to determine why there was no industrial revolution in ancient Greece, even though the level of mathematical and engineering knowledge was already sufficient to build …
Time Travel with Max SchelerI had great pleasure and honor to participate in the Jubilee of Work of Prof. Andrzej Kidyba and even met me with the honor of committing a modest article in the Memorial Book. Prof. Wojciech Katner’s wonderful laudate speech The Excellent Alphabet of Prof. Kidyby …
Great Honor