Józef波兰规范主义理论家诺瓦茨基

IF 0.5 4区社会学 Q3 LAW

Review of Central and East European Law Pub Date : 2020-06-23 DOI:10.1163/15730352-bja10008

Sławomir Tkacz

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引用次数: 1

摘要

本文旨在概述波兰法学家Józef Nowacki(1923-2005)的观点。本文认为，诺瓦茨基是汉斯·凯尔森规范主义在波兰法学理论中的主要代表。本文以一个简短的历史概述开始，介绍了汉斯·凯尔森的观点在波兰法律学中的接受情况，并指出在战后时期，共产主义当局认为规范主义与当时实际存在的主流社会主义制度不一致。从讲德语的作家那里获得灵感，诺瓦茨基拒绝了当时在波兰盛行的意识形态，并成为规范主义立场的坚定倡导者，特别是在法律制度理论方面。本文第二部分论述了诺瓦茨基对法治概念的看法，第三部分也是最后一部分介绍了诺瓦茨基对波兰宪法法院判例法的批判。

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Józef Nowacki as a Theoretician of Normativism in Poland

The present paper aims to present an outline of the views of the Polish legal theorist Józef Nowacki (1923–2005). The claim put forward is that Nowacki was the chief representative of Hans Kelsen’s normativism in Polish legal theory. The paper begins with a short historical sketch presenting the reception of Hans Kelsen’s views in Polish jurisprudence, noting that in the post-war period the communist authorities believed that normativism was at odds with the then prevailing system of actually existing socialism. Drawing inspiration from German-speaking authors, Nowacki rejected the ideology prevailing in Poland at that time and became a staunch advocate of the normativist stance, in particular with regard to the theory of the legal system. The second part of the paper discusses Nowacki’s views regarding the concept of the rule of law, and the third and last part presents Nowacki’s critique of the case-law of the Polish Constitutional Court.

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来源期刊

Review of Central and East European Law LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.