I wrote a lawyer's biography, so I read a lot about his Alma Mater story. I was frazzled by a dispute between the 2 traditions in the shadow of which this college was developing.
Both continued the tradition of the ancient Roman dispute between proculians and sabians. Sabanites are said to have a more conservative approach to the law, and proculians to have sought pragmatic reinterpretations.
The authors of the texts I read about it, however, pointed out that this was a immense simplification. I didn't dig into it due to the fact that it was a digression for me. In the book, I yet made 1 paragraph out of it.
Simplifying simplification, I will say that the attitude of the sabinate was like: “This is simply a duralex, this may be stupid, but I do not make the rules.” And the proculination of this: "Wait a minute, you must not interpret a provision in isolation from the full code, what was the intention of the legislator?"
Both attitudes can lead to absurdity. Utopia of literal application of the law is possibly charming, but unrealistic – and the Romans who invented this institution already knew it.
On the another hand, erstwhile we get started in pragmatic reintepretation, we will shortly find that everything is free and the law does not exist. Anyway, specify the law... (seriously!)
Polish constitutional lawyers tend to be bent sabianism. 8 years ago, PiS wisely selected his battles and the perfect candidate for the first victim found in the individual of prof. Rzeplinski, then president of the Constitutional Court.
The opposition looked at him hoping he would do something. Yes, he was happy to give interviews in which he told how he intended to save the constitution. It will indicate that the menstrual epsod is incompatible with the passage of the fascic, so it is ineffective and enough, we are saved.
The PiS played him like a child. I tried not to criticize him in public at the time, but how much did it cost me? He's just gonna find out who's on Facebook with me.
Someone on my blog noticed that constitutional lawyers seldom apply the law in practice. They teach them to students, so they are accustomed to the bossy speech of Smerf Wżżżniak (I do not compose it about any particular, but it would match at least five).
The real opposition of the Law and Justices was only begun by judges, lawyers, prosecutors. This was already after the failure of the conflict for the Constitutional Court, so they fought in lost positions – and yet they maintained theheads.
Practitioners are usually proculians. They're looking for a way to solve the problem, not excuses.
Bodnar's message that "seeking the legal basis" was accepted by the right with any unusual misunderstanding for me. It's just the 3rd school of interpretation, naive-infantyl.
That's what law does in practice. Like, you want to open a restaurant. The municipality disagrees (and gives the legal basis). You appeal (and give the legal basis).
Law is like a computer program. It doesn't work on its own, you gotta compile and fire the code in any environment. The typical Smurf Ważniak, however, functions in specified a self-satisfaction, as if he thought that his private opinion that something had no legal effect had legal effect.
The easiest way to separate them is by asking an innocent question, "and what in practice is the consequence of your speech?" Sabian will be offended by specified a dictum. What's something as mundane as practice?
For the proculin it is everything, so he will answer, for example, that unfortunately there is nothing, due to the fact that already after the deadline, so the decision – although illegal – has passed. Or vice versa, that the opponent missed any formality, so we have a large legal basis to appeal.
Sabinates are a fantastic medicine for insomnia – they can gless for hours about the promotion of derogation. Better than rohypnol! However, with a circumstantial case, it is better to go to court with a proculian.
Seeing the commies under the erstwhile note, any were fooled that Holownia / Bodnar / Sienkiewicz's actions "have no legal effect". I guess Adamczyk inactive thinks he's the president of TVP? individual else considers themselves a national prosecutor or an MP... well, it's treatable, they'll get over it in time.
Who doesn't like these methods? Politics is not a beauty contest. I am glad that Pereira was fired – and whether Sabinian or Proculian, it is secondary.
In a year and a half, Duda, Swirski, Chabański, The Deluge et consortes will be just a bad memory. For now, we are sentenced to “eliminators”, “fulfillers” and another “creative workarounds”.
