O legitymowaniu zasad prawa
Loading...
Date
1987
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
On the legitimization of the principles of law
Abstract
The article contains the review of the methods presented in Polish legal writings
which are concerned with the legitimization of substantive principles of law
considered to be legal norms of a specific kind. The term „legitimizing the principles
of law" refers to an intellectual process consisting in arguing for legally
binding force of principles of law. The author considers the above term devoid of
some defects present in other expressions, more frequently represented in legal writings.
The methods of legitimizing the principles of law have been discussed in
three basic groups, of which the first comprises the ways referring to applying
only the directives of validation and interpretation, the second contains the methods
of legitimization consisting also in carrying out legal reasonings according
to specified inferential directives, and the third comprises the methods based on
the statement that particular principles of law are the norms of customary law.
The actually existing ways of legitimizing the principles of law have been systematized
by means of typology; hence, the requirements of separation and completeness
do not apply. Within the first two types subtypes have been distinguished.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 49, 1987, z. 2, s. 123-135