University of Silesia in Katowice

English abstract: 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. Some people understand the principles of social coexistence in a normative way, associating with them a set of norms to which these clauses refer. Others perceive them situationistically, which means the right to make an assessment in a particular case under consideration. The author argues that the source of controversy in this regard is the unconscious adoption of different understandings of morality. Due to this, the use of each of these understandings (normative and situationist) is legitimate in equall way. For this reason, disputes about the normative and situationist understanding of the principles of social coexistence are empirically unsolvable.

Keywords: Józef Nowacki, general clause, situationalist and normativist conception, the principles of community co-existence

Language: Polish

Published: Number 3(36)/2023, s. 9-21.

DOI: https://doi.org/10.36280/AFPiFS.2023.3.9

Download: Download
Number of downloads: 305

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.