Linguam novit curia? Analiza korpusowa w prawie karnym - przyczynek do dyskusji

Abstract

In the interpretation of criminal law, an important role is played by the presump-tion of the common (general, colloquial) meaning of statutory expressions. Determining the common meaning in the process of applying the law is usually based on the linguistic intuition of the procedural authority or on dictionaries. In the article, we present an alternative source of knowledge about the common meaning of linguistic corpora. The use of corpora as a tool of legal interpretation has been intensively discussed in American literature for several years. The main objections are raised in the context of criminal law. The article reviews the main arguments raised in the American debate and relates them to Polish legal culture. Moreover, some exemplary corpus analyzes in criminal cases are presented, both in the context of legal interpretation and the assessment of linguistic elements of the facts of the case.