ZMIANA PARADYGMATU INTERPRETACYJNEGO W OKRESIE TRANSFORMACJI USTROJOWEJ W POLSCE

Abstract

The article relates to conditions of interpretational paradigms’ shift during the period of social and system transformation in Poland. Such a paradigm is being considered here in its two dimensions: methodological and sociological. The latter makes the category of analysis as adopted in the article and is conceived as a set (e.i. - corporate body) of lawyers applying the same interpretation rules for legal tests. It was admitted in the article that conditions for a change of interpretational paradigms in Poland are the following: shift in conceiving the law - from positivist attitude to internal and reflexive position of considering a rule of law, change that occured in legal culture towards non-positivist considering of the sources of law and, finally - shift in individual and situational factors such as professional qualities of lawyers, labour milieu, technical facilities and some features o f individuals applying the law.