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Aktualność operatywnego modelu wykładni prawa w obliczu postmodernizmu

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Szymańska M.

nr 320

165-176

Due to postmodernist philosophy is becoming summary increasingly popular this article concerns the validity of a legal interpretation model commonly used in modern times with regard to the postmodernist point of view. Although this problem is widely described in Western literature, in Poland, on the contrary, it is gaining popularity only among philosophers of law. The aim of the article is to present the critical approach of postmodernist philosophy to existing order and demonstrate its attitude towards interpretation of the law. It should be noted that postmodernism has no ambition of constructing its own model of legal interpretation, but comments on and reviews all that has been said on this issue in the legal theory and philosophy of law. This is due to the fact that postmodernism is hostile to all methodologies, modelling theories and theoretical constructions. On the other hand, based on the general assumptions of postmodern philosophy, a postmodern view on the interpretation of the law can be derived. The article discusses deconstructionism, hermeneutics and intertextuality as methods of creating the meaning of a legal text during interpretation, acceptable by postmodernism. The study also presents criticism of the assumption of rational legislator proposed by legal positivism. In this respect postmodernism makes a real revolution in the field of law enforcement, prioritizing the interpreter instead of the legislator, and the creation of a legal text meaning during the process of legal interpretation in place of meaning determination.

Znaczenie własności rolniczej w kształtowaniu ustroju rolnego

100%

Szymańska M.

tom 9

240-253

Agricultural real estate has always been a separate element in the functional plane. While assessing the character of agricultural production systems, it is important to pay attention to land use which can be defined as an essential means of production in the agricultural sector. Regardless of economic and organizational factors, land still remains a crucial component in agricultural production, which increases the importance of agricultural real estate. The fundamental attribute of ownership, especially in agricultural property rights, is a right to farm. Agricultural real estate is associated with farming which is understood as assets of the estate and stands for property in terms of civil law. Functional separation of agricultural real estate also relates to the concept of agricultural property which is a part of farming. Agricultural real estate refers to property and constitutes a set of rights and obligations.