Prof. UŚ dr hab. Sławomir TKACZ
University of Silesia in Katowice
English abstract: 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. In particular, the subject of considerations is the situationist and normative concepts of general clauses as these concepts are understood by Józef Nowacki. In the first part of considerations, the author addresses the issue of vagueness (fuzziness) of general clauses. The main part of the considerations relates to the understanding of general clauses as references in the light of their situationist and normative understanding. In the last part of the considerations, the author analyses the problem of the objects to which general clauses refer. In the light of the presented considerations, the general conclusion is that each general clause may be applied in a situationist or normative manner. In the latter case, we can speak of a reference to a certain set of norms. It is also appropriate to speak about nontextual references. The proposed terminology is the result of the convention adopted by each individual author.
Keywords: Józef Nowacki, general clause, situationalist concept of general clauses, normative concept of general clauses, reference, legal requirement of evaluating
Language: Polish
Published: Number 3(36)/2023, s. 78-92.
DOI: https://doi.org/10.36280/AFPiFS.2023.3.78
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