O legitymowaniu zasad prawa

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.