ISSUES IN THEORY AND PHILOSOPHY OF LAW

Vol. 120 (2020)

Legal interpretation as an optimising activity

Pages: 79-94

PDF (Język Polski)

Abstract

The purport of the article consists in defending the thesis clearly defined in the title of elabor-ation, according to which, legal interpretation may be conceived as an optimising activity, because it inevitably aims at maximising the value of the subject of interpretation (legal text). Moreover, I tend to point out that legal interpretation as well as philosophical cognition share a set of common traits such as intuitiveness, by which I mean the lack of opportunities to fully apply inter-subjective empirical criteria of the validity of formulated propositions. Both in the case of legal interpretation and philosophical cognition, interpretation performs an optimising function, by which I understand introducing axiological order into the subject of cognition.