Sytuacjonistyczna i normatywna koncepcja klauzul generalnych. Spory o trafność dwóch ujęć klauzul generalnych w świetle poglądów Józefa Nowackiego
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

Summary/Abstract: The aim of the study is to analyse Józef Nowacki’s views on the characteristicsof general clauses. The author focuses on the most important issues that are the subject ofdisputes 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 generalclauses as references in the light of their situationist and normative understanding. In the lastpart of the considerations, the author analyses the problem of the objects to which generalclauses refer. In the light of the presented considerations, the general conclusion is that eachgeneral clause may be applied in a situationist or normative manner. In the latter case, we canspeak of a reference to a certain set of norms. It is also appropriate to speak about non-textual references. The proposed terminology is the result of the convention adopted by each individual author.

• Details
• Contents