Abstract
The author in his paper deals with the issue of so-called. casuistic positivism, which it defines as undesirable phenomenon where the courts in their decisions uncritically applied some interpretive conclusions reached in connection with deciding particular cases reached prior judicial experience, and with these findings is effectively treated as with legal standards, and as such are therefore influence the outcome of judicial decisions. After an introductory explanation of related concepts gives some examples kazuistického positivism decisional practice Czech criminal courts.
Subsequently describes its problematic: casuistic positivism may in his opinion an especially "mutagenic factor" of some legal principles. In conclusion, it outlines methods of defense against this phenomenon - is yet to conclude that the best (preventive) measure against the occurrence of the broader debate on this issue, which is also causing the main aim of the author's article.