Adequate application of law
Adequate application of law (pertinent application of law) – is a specific technique of composing canonical texts, which enables drafters to make such texts considerably shorter.
It consists in stating in a statute that the set of specific statutory provisions should also be pertinently (adequately) applied to some other scope of circumstances – although these provisions literally do not address these circumstances. For instance, the provisions that regulate the contract of the sale of goods may be ordered here to be pertinently applied to the contract of the exchange of goods.
Owing to such statutory clauses, the provisions which have been primarily shaped for one legal institution regulate two diffrent legal institutions. The first is this one which is directly regulated by such provisions and the second is this institution which is regulated by these provisions due to the statutory reference made for that purpose. The reference can be made here to one or several statutory provisions. It can, however, also refer to a larger number of such provisions or even refer to the whole statute. In consequence of pertinent application of law, in relation to the latter institution, particular provisions can be applied without any modification, with certain modifications (they may concern a consequent as well as an antecedent), or even their appllication may be denied completely.[1][2] That which of these options is to be chosen can be, inter alia, determined by the degree of similarity occuring between the legal institutions concerned and in this sense be dependent on analogy.[3][4]
References[edit]
- ↑ See Maciej Koszowski, The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7), p. 28.
- ↑ Maciej Koszowski, Analogical Reasoning in Law, Cambridge Scholars Publishing: Newcastle upon Tyne 2019, p. 175.
- ↑ Maciej Koszowski, The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7), p. 28.
- ↑ Maciej Koszowski, Analogical Reasoning in Law, Cambridge Scholars Publishing: Newcastle upon Tyne 2019, p. 175.
See also[edit]
Bibliography[edit]
- Maciej Koszowski, The Scope of Application of Analogical Reasoning in Statutory Law. American International Journal of Contemporary Research no. 1/2017 (v. 7): 16-34.
- Maciej Koszowski (2019). Analogical Reasoning in Law, Cambridge Scholars Publishing: Newcastle upon Tyne 2019, ISBN-13: 978-1-5275-2232-9, ISBN-10: 1-5275-2232-6.
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