Published: 2026-06-30

The Potential Occurrence of Heuristic Thinking in Jerzy Wróblewski’s Theory of Direct Meaning

Paweł Ochmann Profil ORCID autora Paweł Ochmann
Zeszyty Prawnicze
Section: Artykuły
DOI https://doi.org/10.21697/zp.2026.26.2.09

Abstract

Heuristic methods were originally applied in the work of Daniel Kahneman and Amos Tversky in psychology. However, heuristic thinking has gained recognition and relevance not only in psychology, but also in other disciplines, for example behavioral economics. Heuristic procedures of thinking mean simplified, brief methods that help you reach a conclusion quickly. This paper analyzes Jerzy Wróblewski’s theory of direct meaning in the light of heuristics, and its aim is to examine whether Wróblewski’s concept of direct meaning may involve heuristic thinking. Wróblewski’s concept of direct meaning in law refers to situations where a provision is precise and clear enough in the context of the case under adjudication, so there is no need for legal interpretation. But his theory has raised doubts in the legal discourse. Nevertheless, we can hardly deny its relevance in Polish jurisprudence for many reasons, including Wróblewski’s status as an authority on legal theory. Considering the fact that heuristic thinking may lead to cognitive biases and errors, it may be a good idea to examine whether direct thinking may in some respects be similar to the heuristic approach.

Keywords:

heuristic thinking, heuristics, legal interpretation, isomorphism, clarity, judicial application of the law, cognitive bias, cognitive errors, Kahneman, legal reasoning, adjudication, jurisprudence, operative interpretation

Download files

Citation rules

Ochmann, P. (2026). The Potential Occurrence of Heuristic Thinking in Jerzy Wróblewski’s Theory of Direct Meaning. Zeszyty Prawnicze, 26(2), 195–221. https://doi.org/10.21697/zp.2026.26.2.09

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.