Józef Nowacki (1923–2005) – Polish legal theorist, professor at the University of Silesia and one of the foremost representatives of analytical legal theory in Poland. A consistent positivist, he studied the notion of legality, general clauses and the methodological foundations of jurisprudence, defending conceptual rigour against ideologisation.
Texts in the „Archive”
An Ideal of Scientific Jurisprudence: Józef Nowacki Against Ideological Influences on Jurisprudential Claims
Tomasz Pietrzykowski · Issue 3(36)/2023
On Nowacki’s methodological assumptions and his opposition to the ideologisation of jurisprudential claims – a defence of the scientific ideal in legal scholarship.
Legality as Compliance with the Intention of the Legislator: The Understanding of Legality in Józef Nowacki’s Works
Zygmunt Tobor · Issue 3(36)/2023
A reconstruction of the two senses of legality in Nowacki’s work and their significance for today’s disputes over the rule of law.
Situationist and Normative Concepts of General Clauses
Sławomir Tkacz · Issue 3(36)/2023
An analysis of Nowacki’s distinction between the situationist and the normative conception of general clauses, and of the dispute over which is the more accurate.
Law and Values Other than Moral: On Searching for Inspiration in Józef Nowacki’s Works
Kamil Zeidler · Issue 3(36)/2023
Kamil Zeidler examines in Nowacki’s writings the theme of the relation of law to values other than moral ones – aesthetic, cognitive and practical.
See also the Principles of Law and Legal Positivism collections.