Legal Method and the Rule of Law
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About the Book
We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Book Details
ISBN-13: 9789041118707
EAN: 9789041118707
Publisher Date: 31 Aug 2002
Bood Data Readership Text: Undergraduate
Dewey: 340.11
Height: 234 mm
Language: English
MediaMail: Y
Pagination: 247 pages, biography
Returnable: N
Spine Width: 20 mm
UK Availability: GXC
Year Of Publication: 2002
ISBN-10: 9041118705
Publisher: Kluwer Law International
Binding: Hardcover
Country Of Origin: Netherlands
Gardner Classification Code: K00
Illustrations: biography
LCCN: 2002030043
No of Pages: 247
PrintOnDemand: N
Series Title: Law and Philosophy Library
Star Rating: 1
Width: 156 mm