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## Amendment as Method of Changing Law. A Study in Theory of Legislation

### Piotr Filip Zwierzykowski

#### Abstract

The main aim of the dissertation is legal-theoretical (legal-legislative) account of amendment. It is assumed that amendment amounts to a real change in the system of law (understood as, at least, a set of normative acts), and not merely a technique of editing legal texts. This determines a certain approach to persistence, in which the system and its elements retain their identity, despite the changes therein. The amendment is conceived of as a singular inter-systemic event, identified with a transformation within a text of a („amended”) normative act, which results from introducing a different („amending”) act into the system. Moreover, amendment as method of changing law turns out to be an aspect of amendment interpreted as an act, i.e. a singled out result of a base-act (which is the enactment of an amending act), in relation to which a higher-level conventional act of amendment is identified. Editorial technique proper to amendment may also serve the purpose of attaining (performing) other changes of law, eventually including even system replacement. The thesis is composed of six chapters, thematically organised into two parts: (1) On law as subject to change, On the change of object in general, and On the change of law in general; (2) On amendment in general, On amendment as an event in the system of law, and On amendment as conventional act.
Record ID
UAM45cb38b2f1fa4b89b5969a955727e6d2
Diploma type
Doctor of Philosophy
Author
Title in Polish
Nowelizacja jako sposób zmiany prawa. Studium z teorii legislacji
Title in English
Amendment as Method of Changing Law. A Study in Theory of Legislation
Language
pol (pl) Polish
Certifying Unit
Discipline
law / (law) / (social studies)
Status
Finished
Year of creation
2014
Start date
02-06-2014
Defense Date
02-06-2014
Title date
02-06-2014
Supervisor
Sławomira Wronkowska-Jaśkiewicz Sławomira Wronkowska-Jaśkiewicz,, Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)Szkoła Nauk Społecznych [nowa struktura organizacyjna] (SNs)
Jean Gicquel Jean Gicquel,, Undefined Affiliation
URL
http://hdl.handle.net/10593/10878 Opening in a new tab
Keywords in English
change of law; amendment; system of law; normative act; conventional act
Abstract in English
The main aim of the dissertation is legal-theoretical (legal-legislative) account of amendment. It is assumed that amendment amounts to a real change in the system of law (understood as, at least, a set of normative acts), and not merely a technique of editing legal texts. This determines a certain approach to persistence, in which the system and its elements retain their identity, despite the changes therein. The amendment is conceived of as a singular inter-systemic event, identified with a transformation within a text of a („amended”) normative act, which results from introducing a different („amending”) act into the system. Moreover, amendment as method of changing law turns out to be an aspect of amendment interpreted as an act, i.e. a singled out result of a base-act (which is the enactment of an amending act), in relation to which a higher-level conventional act of amendment is identified. Editorial technique proper to amendment may also serve the purpose of attaining (performing) other changes of law, eventually including even system replacement. The thesis is composed of six chapters, thematically organised into two parts: (1) On law as subject to change, On the change of object in general, and On the change of law in general; (2) On amendment in general, On amendment as an event in the system of law, and On amendment as conventional act.

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAM45cb38b2f1fa4b89b5969a955727e6d2/
URN
urn:amu-prod:UAM45cb38b2f1fa4b89b5969a955727e6d2

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