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PSEUDOPRÁVO

100%

Turčan M.

nr 2

138 – 144

In this paper the author deals with issue of unusual approaches to law, mainly with theory of movement called „Freemen on the land“, which the author tries to describe thru prism of Canadian decision in divorce mater Meads vs. Meads. The author describes particular theses, which should according to „freemen’s“ concept release man from clasp of statutory law and he also deals with jurisprudential substantiations of those theses, which are usually offered to justify them. The author’s effort is to communicate this „pseudo legal argument“ in understandable form and to autonomously analyse it.

OTVORENÁ TEXTÚRA POJMOV A PRAVIDIEL – VODA NA MLYN PRE SUBJEKTIVIZMUS V APLIKOVANEJ SÉMANTIKE?

51%

Gahér F. , Mrva M. , Števček M. , Turčan M.

nr 4

309 – 323

When using natural language in a domain of a special discipline, which is fundamentally based on its use (for example, language of law), we are led on the one hand by the need for precision and unambiguity and on the other hand by the need for brevity and efficiency. A specific semantic problem for texts expressing a system of normative rules for the regulation of actions is the question of their efficient applicability in new situations. Herbert Hart came up with a suggestion on how to solve these dilemmas in the field of law and was loosely inspired by the theory of open texture of concepts. He saw the solution in an inevitable defeasibility of a rule, which, in his view, is caused by the open texture of the goal pursued by the rule. However, extensive use of the instrument of open texture of a concept or a rule can be fuel for the fire of subjectivism in semantic practice. It is necessary to distinguish the phenomenon of open texture of concepts from the polysemy of natural language expressions and the phenomenon of so-called privative modification. Applicative flexibility and effectiveness of normative theory is aided by a more appropriate generality of concepts, which is achieved, for example, by recodification of law, rather than by artificially extending the scope of concepts on the basis of their fuzziness.