ZARZUT „BŁĘDNEJ WYKŁADNI”
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Date
2006
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Wydział Prawa i Administracji UAM
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CLAIMING ‘INCORRECT INTERPRETATION’
Abstract
“Incorrect interpretation” is a term that comes up not only in the interpretative discourse but
also in legal texts. Understanding it is essential for at least two reasons. Firstly, because due to its
substantial persuasive force the argument of incorrect interpretation is frequently used in practice
where a given legal rule might give rise to different constructions (or interpretations) of its meaning,
and secondly, and more importantly, because in many procedures a claim of incorrect interpretation
may constitute the grounds for an appeal.
The attempts of defining the term “incorrect interpretation” seen in the literature and judicial
practice and legal interpretation boil down to statements encumbered with the logical fallacy
“ignotum per ignotum” in which incorrect interpretation is nothing less than mistaken, faulty interpretation
without specifying the nature of the mistake or explanation of what really constitutes
the fault or incorrectness referred to.
The starting point of the considerations presented in the paper is an analysis of a court case
and a judicial decision following it, in which interpretation discrepancies arose and the authors of
either of the judgement with contradictory theses found the results leading to an interpretation
contrary to theirs incorrect. Next, the main reasons why interpretation discrepancies occur are
presented.
Since the idea of incorrectness is defined as a disagreement upon patterns or rules, incorrect
interpretation can be claimed if there were only one “true” and “real” understanding, or construction
of a legal text or a widely accepted method of its interpretation.
In the paper arguments against the existence of one “correct” understanding of a legal text are
presented and far-reaching discrepancies in the accepted methods of interpretation are pointed
out. It has been concluded that the claim of incorrect interpretation may only be treated as a persuasive
claim. Finally, certain de lege ferenda postulates are formulated.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 1, s. 69-79.