performatywność

  • Skuteczna publikacja prawa jako akt performatywny

    Author: Joanna Zaguła
    E-mail: izagula@onet.pl
    Institution: Uniwersytet Wrocławski
    Year of publication: 2018
    Source: Show
    Pages: 145-169
    DOI Address: https://doi.org/10.15804/ppk.2018.02.08
    PDF: ppk/42/ppk4208.pdf

    The author deals with the matter of publication of law in the Polish legal system. She analyses its’ effectiveness by using J.L. Austin’s speech acts theory. The author proposes a thesis that there are situations in Polish legal system when a publication of law – although assumed to be a performative act – does not fulfill all the standards of performativity and – as a result – can be recognized as ineffective. Citing Austin and Fuller the author excerpts some examples of laws that are wrongly formulated and published in a faulty way. She also states that if a speech act (which is a performative act) is to be called effective, it must be communicated to its’ recipients. As a result, the author analyses both polish legal regulations concerning publication of law, as well as the research showing how people actually acquire the knowledge of law. As it occurs – the official sources as some of the most rarely used, so she proposes a new approach, derived from theatre studies, as theater performances are also being described using the term of performative effectiveness. The suggested solution would be a theoretical switch between the law makers and recepients and an attempt to establish a connection between them. While publishing the law, the law makers should consider who the recipients are, who is supposed to read the regulations, understand the norms and how he or she is going to do it.

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