Law and Values Other Than Moral. On Searching for Tropes in Józef Nowacki’s Works

Redakcja (Mateusz Pękala) — Mon, 09 Oct 2023 10:39:14 +0000

Prof. dr hab. Kamil ZEIDLER

University of Gdańsk

English abstract: 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. The starting point for reflections is the issue of axiology in the context of the works left by Józef Nowacki, including, first of all, his article “Valuing in the science of law”. Thus, the subject of the article is axiology, but in a sense that covers both ethics and aesthetics. The author distinguishes four types of description used by legal science: normative description, empirical description, theoretical description and – distinguished by the author – axiological description, which can be justified within the framework of axiological subjectivism. It involves evaluating values and either adding or subtracting them, as well as valuing, that is, comparing and weighing values. The author considers what inspiration in this regard can be drawn from axiological inquiries in general, and Nowacki’s works in particular.

Keywords: axiology, values, valuing, law and morality, principles of law, aesthetics, aesthetics of law

Language: Polish

Published: Number 3(36)/2023, s. 44-50.

DOI: https://doi.org/10.36280/AFPiFS.2023.3.44

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

An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims

Redakcja (Mateusz Pękala) — Mon, 09 Oct 2023 10:38:04 +0000

Prof. dr hab. Tomasz PIETRZYKOWSKI

University of Silesia in Katowice

English abstract: Methodological assumptions underpinning Józef Nowacki’s research were one of the most original and intriguing aspects of his approach to legal theory. An extremely rigorous conception of what kind of legal claims may be regarded as scientific can be reconstructed based on his various writings about legal norms, general clauses, dispositive provisions of law, legal principles or the practical application of the constitutional notion of the rule of law. His relentless efforts to uncover and eliminate from scientific discourse any evaluative judgments served to defend legal theory against ideological influences and subjective wishful thinking disguised as scientific claims. In these respects, it not only was an unquestionably valuable position then, but it remains so nowadays. At the same time, it begs numerous questions and doubts that still permeate central methodological debates in jurisprudence.

Keywords: law, methodology, valuing, legal theory, science

Language: Polish

Published: Number 3(36)/2023, s. 22-33.

DOI: https://doi.org/10.36280/AFPiFS.2023.3.22

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Number of downloads: 287