Table of contents
Other materials
- Between Legal Theory and Ideology. Introduction
- Normative and Situationist Conception of General Clause of the Principles of Community Coexistence
Polish law uses the general clause of the principles of community coexistence. In the legal literature, the concept of principles of social coexistence is understood in various ways. Read more
- An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims
Methodological assumptions underpinning Józef Nowacki’s research were one of the most original and intriguing aspects of his approach to legal theory. Read more
- Legality as Compliance with the Intention of the Legislator. The Understanding of Legality in Józef Nowacki’s Works
The issue of legality is one of the most important threads in the scientific achievements of Professor Józef Nowacki. He distinguished two ways of understanding legality: a stronger one, which boils down to determining the compliance of behaviour with the contents of a duly enacted provision, and a weaker one, when the only legal basis is an obligation to employ a specific kind of evaluation. Read more
- Law and Values Other Than Moral. On Searching for Tropes in Józef Nowacki’s Works
In his article, the author asks the question to what extent considerations in the field of axiology regarding the relationship between law and morality can be useful for the development of the legal-philosophical trend known as legal aesthetics, where the subject of interest is, most generally, the relationship between law and beauty. Read more
- Legal Certainty and the Interpretatio Retro Non Agit Principle
Referring to Józef Nowacki's research on the principle of non-retroactivity of law [lex retro non agit], the authors of this study focus on the relationship between legal certainty and retroactive changes in the prevailing interpretation of legal provisions. The main topic of the study is the expression 'interpretatio retro non agit', which is already well-known in the legal culture, but not widely used. Read more
- Situationist and Normative Concepts of General Clauses. The Context of Differences and Common Grounds
The purpose of the study is to analyse the concept of general clause formulated by Józef Nowacki in its basic form in the 1980s. It focuses on several issues that are most important for the shape of the concept. Read more
- Situationist and Normative Concepts of General Clauses. Disputes About the Accuracy of Two Approaches to General Clauses in the Light of Józef Nowacki’s Views
The aim of the study is to analyse Józef Nowacki’s views on the characteristics of general clauses. The author focuses on the most important issues that are the subject of disputes in legal scholarship. Read more