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

Ideał naukowości prawoznawstwa. Józef Nowacki przeciw ideologizacji twierdzeń prawniczych
An Ideal of Scientific Jurisprudence. Józef Nowacki Against Ideological Influences on Jurisprudential Claims

Author(s): Tomasz Pietrzykowski
Subject(s): Philosophy of Law, Sociology of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: law; methodology; valuing; legal theory; science;

Summary/Abstract: Methodological assumptions underpinning Józef Nowacki’s research were one ofthe most original and intriguing aspects of his approach to legal theory. An extremely rigorousconception of what kind of legal claims may be regarded as scientific can be reconstructedbased 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. Hisrelentless efforts to uncover and eliminate from scientific discourse any evaluative judgmentsserved to defend legal theory against ideological influences and subjective wishful thinkingdisguised as scientific claims. In these respects, it not only was an unquestionably valuableposition then, but it remains so nowadays. At the same time, it begs numerous questions anddoubts that still permeate central methodological debates in jurisprudence.

  • Issue Year: 36/2023
  • Issue No: 3
  • Page Range: 22-33
  • Page Count: 12
  • Language: Polish