This article discusses a rare instance of the highest national courts explicitly addressing traffic signs in their judgments or decisions. It critically examines the standpoint expressed by the Polish Constitutional Tribunal and the Supreme Court, according to which the basic traffic sign categories in Poland—obligatory, prohibitory, informative and warning—are not separable [e.g. prima facie non-normative signs can also be normative ]. These courts formulated this idea when addressing the legal question concerning the applicability of legal provision penalizing failure to comply (...) with a traffic sign to parking a car without paying a fee in an area marked by an informative sign that indicates the need to charge a fee for parking. The article analyses and criticizes the relevant standpoint of the Polish Constitutional Tribunal and the Supreme Court. It shows how many negative consequences can result from frivolous treatment and neglect of traffic signs. It also reconstructs some possible practical recommendations concerning not only traffic signs but also visualizations of legal rules in general. (shrink)

Despite its popularity in recent theorisations of law as an artifact, the idea that law is an immaterial being, independent from even the documents that contain legal acts, has not been subjected to a focused analysis. This paper fills this noticeable gap. After providing generalizing account of the Immateriality Thesis, based on its different expositions in the literature, the paper criticises it. First, it argues that it is based on the counterfactual assumption that semantic content can exist beyond any carrier (...) for itself. The paper then elaborates on the thesis’ empirical implausibility, particularly its ignorance of how much the law is as it is due to writing. Third, the paper reveals how the thesis is difficult to combine with other jurisprudential issues, notably law’s effectiveness. Following such a critique, the paper considers the possible origins of and reasons for the thesis. Given its highly questionable character, the paper concludes with some general ideas on taking law’s materiality seriously. (shrink)

This paper’s aim is to promote greater interest in courtroom practices of minute-taking—the preparation of written documents that constitute a record of what was said and done in the courtroom during a case hearing, very often based on a judge’s dictation of rephrased questioned person’s statements to a clerk who records them. This aim is achieved through discussion ultimately focused on the distinguishable aspects of minute-taking, its possible underlying mechanisms, and further consequences, followed by some remarks concerning the judge–clerk relationship (...) outside the scope of minute-taking and more direct discussion of clerks themselves. The discussions and analyses presented here are empirically-grounded, forming a side result of a larger research project conducted in a Polish lower court that combined observations of case hearings with witness interviews. Despite their inadvertent origin, the investigations presented here demonstrate the complexity and multifaceted nature of minute-taking to a greater extent than previous relevant studies have revealed. While minute-taking has not been neglected entirely in legal research, there remain many questions to be addressed. This paper suggests some of these questions as well as potential directions for future research on minute-taking through discussion of how the identified aspects of minute-taking can be utilized and which theoretical frameworks may be applicable. Although the paper is a result of empirical research conducted in Poland, its aims are relevant outside the Polish context, particularly in other continental European countries where minutes are also taken from case hearings. (shrink)

Against the background of studies on redundancy in law that completely omit the visual element in law and of studies on traffic signs that are laconic about their redundancies, the present study proposes more focused investigation into the redundancies of traffic signs. After presentation of the broader context of existing studies on traffic signs and on redundancy in law, and following a discussion of the direct inspiration for embarking upon research into this topic, the article moves to present and discuss (...) six proposed types of redundancies of signs. Utilizing Franciszek Studnicki’s distinction between sign-types and sign-realizations, and given that traffic signs exist in various complicated relationships with each other, with written formulations in legal texts, and with the environments in which they are placed, the study comments on six types of redundancy: sign-type–basic task of road traffic law; of sign-type’s elements; sign-type–sign-type; sign-type–legal text; sign-realization–sign-realization; and sign-realization–environment. Analysis of each type is supported through examples, various subdivisions, and additional lines of inquiry. The study has value for both strictly theoretical and more practical enterprises related both to traffic signs themselves and to the wider realm of visualization of norms. (shrink)

Artykuł przedstawia pojęcia prawa wyjścia, które odgrywa jedną z głównych ról w wielu dyskusjach nad wielokulturowością. Prawo wyjścia to prawo każdego członka opresyjnej lub dyskryminującej wspólnoty kulturowej do opuszczenia jej. Artykuł stanowi próbę rekonstrukcji pojęcia prawa wyjścia, która bierze pod uwagę wiele już dyskutowanych kwestii takich, jak, między innymi, sama możliwość wyjścia, jego koszty, konsekwencje i funkcje.