Klauzule generalne jako odesłanie pozasystemowe

Abstract

General clauses can be characterized as a particular case of extra -systemic references because them eaning of such terms (wich are a particular group of evaluations) is stated from the point of view of special kind of extra -system rules of reference (e.g. rules of morality) - when we accept conception of a legal system as „nanarrow system" containing only the norms as result of a law -making by the state agencies. Qualification of the peculiar character of such phenomenon depends on characterization of rules (and evaluations) to which it refers. These rules of reference can be qua liiied as fuzzy, not strictly detamined (as e.g. a referen ce of a general clause of „principles of social coexistence” lo moral system, w h ich in practice means putting into action the social-political ideals of the legislator himself). The evaluations formulated on the basis of general clauses can be characterized as concrete-individual ones, and cannot be generalized .