Object

Title: Principles of law as a factor providing for axiological consistency of the system of law

PLMET:

click here to follow the link

Abstract:

A great number of studies about principles of law has been written lately, especially by such contributors as M. Kordela, G. Maroń and S. Tkacz. However, the question is: where does such an interest come from? Principles of law deserve attention because of two major reasons: a judge can develop the law thanks to principles of law and these principles are crucial arguments in legitimization of adjudgements. Principles of law are legal norms with singular characteristics and role. The singular characteristics can be seen in various positions of principles of law, which usually represent the validity of “common” legal norms. However, the singular role provides axiological consistency to the whole system of law. The article consists of three parts. The first one shows that principles of law are an inherent part of the system of law and clarifies what the principles of law are to J. Wróblewski. The second part demonstrates how the principles are determined and explains whether one can talk about the principles of law in the directive and descriptive sense. Moreover, the function of the principles of law in the descriptive sense will be discussed. The principles of law in the directive sense are expressed in regulations; however, these principles in the descriptive sense have to be decoded on the basis of the regulations. The descriptive sense shows if the function of principles of law has the optimizing character, if the principles are “the description” of law and if they can change its content. The third part argues that the principles of law are the prescriptive form of values and their role provides for the axiological consistency of the system of law in the process of its creation, usage and extensive interpretation.

Date issued:

2014

Resource Type:

journal

Format:

application/pdf

Identifier:

ISSN 2299-8322

Language:

pol ; eng

WUL Catalog:

click here to follow the link

Is part of:

click here to follow the link

Is referenced by:

www.fiw.prawo.uni.wroc.pl

Is replaced by:

Folia Iuridica Universitatis Wratislaviensis

Licence:

Rules of usage of Digital Library of Wroclaw University

Licence text:

click here to follow the link

Rights holder:

© Copyright by Robert Makarucha

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdjm ; TK

Object collections:

Last modified:

May 17, 2017

In our library since:

Dec 29, 2014

Number of object content hits:

1 518

All available object's versions:

http://repozytorium.uni.wroc.pl/publication/63773

Show description in RDF format:

RDF

Show description in OAI-PMH format:

OAI-PMH

This page uses 'cookies'. More information