Uzasadnienie orzeczeń sądowych – wybrane problemy

Abstract

The justification of judicial decisions is an important research segment of jurisprudence and, at the same time, a very useful instrument in practice, with multiple – constantly discovered, not fully recognised and valued functions. First of all, it is, as a rule, an inseparable element of a judicial decision and a component of a fair trial. Its jurisprudential functions naturally come to the fore. In the considerations undertaken, emphasis is placed on the multilateral determinants and changing paradigms of legal culture. Judicial jurisprudence remains an inherent part of it. The presented material captures the theme of the evolution that is taking place in the model of law – from an autonomous idea, through a closed concept, to a model of law in which facts are relevant. Social changes, characterised by responsiveness in the approach to the interpretation and application of law, are also described.