Abstract

This article contains a comprehensive presentation of main research problems, approaches and proposals concerning the application of law in the contemporary Polish legal literature. One may assume that there are issues typical, at least in substantial sense, to the analysis of processes of application of law conducting from the perspective of statutory legal culture. The most promising research approach to the processes of application of law is the decision making approach.

Highlights

  • This article contains a comprehensive presentation of main research problems, approaches and proposals concerning the application of law in the contemporary Polish legal literature

  • M application of law conducting from the perspective of statutory legal culture

  • Application of law, understood as a multi-phase decision making process that takes place within public authority structures and that ends with a unique legal decision based on the relevant general and abstract foundation interpreted from the binding legal provisions, has been as important part of studies in jurisprudence for a number of decades now

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Summary

15. Along similar lines of thinking

Application of Law as an Object of Study: Key Concepts, Issues and Research Approaches 15 tionally, in the continental jurisprudence we can distinguish the area of interpretation of law as one of the key research areas in the study of processes of application of law and their outcomes, both in general and specific legal studies These questions pertain to, in particular, application of law in courts and are combined with the research associated with different threads of legal argumentation. A characteristic feature of application of law is, individualisation and specification of abstract and general legal norms: this means law understood not as an entire system of law (law in general) but as an application of a separate norm or legal institution in a concrete factual state, and with reference to a particular legal subject (subjects) Such a description and explanation of processes of application of law refers to concrete, legally qualified cases and requires both individualised reasoning that translates into an interpretation of law and empirical research. C of the authority contained in the binding law are a contentious issue

APPLICATION OF LAW PROBLEMS IN THE CONTEMPORARY POLISH LEGAL LITERATURE
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