By Aulis Aarnio
ISBN-10: 9400716540
ISBN-13: 9789400716544
This booklet is a precis of the author’s forty years of analysis within the fields of civil legislation and the philosophy of legislation. the focus is at the major initiatives within the doctrinal examine of legislations: the translation and systematisation of criminal norms. during this regard, Professor Aarnio bargains with the speculation of argumentation in addition to with its foundations - i.e., with the ontology, epistemology and method of felony considering - and develops the tips that have been first provided in The Rational as Reasonable (Kluwer 1987) in all of those dimensions. The paintings comprises an up to date dialogue at the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. a focus of view matters the excellence among positivism and non-positivism, during which the middle of the feedback makes a speciality of Scandinavian realism.
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Extra resources for Essays on the Doctrinal Study of Law
Sample text
In every society there is a need to know the content of the legal order. This kind of knowledge is required of judges, civil servants and attorneys, as well as laymen. Were DSL to no longer satisfy this interest, some other institution or actor would in all likelihood quickly appear to claim the task. This interest of knowledge does not disappear from society by, for instance, redefining the task of DSL, even though such attempts have been made. An example of this is legal realism, dealt in more detail below.
This is not a coincidence. The task follows from the societal interest of knowledge (Habermas A. V. ; Pietarinen 2002, 63). In every society there is a need to know the content of the legal order. This kind of knowledge is required of judges, civil servants and attorneys, as well as laymen. Were DSL to no longer satisfy this interest, some other institution or actor would in all likelihood quickly appear to claim the task. This interest of knowledge does not disappear from society by, for instance, redefining the task of DSL, even though such attempts have been made.
In common terms, it could probably be said that the teaching should be practically oriented. This was why the students were to use the university to gather information and skills they could later take advantage of in practice. A good judge does not need anything other than proper information; what is the valid law? This is the core and purpose of adjudication (Modeér 1979, XVI). The claim seems overtly practical, hostile to theory and makes it seem like studying the doctrinal study of law should be “pipe-like” and profession-directed.
Essays on the Doctrinal Study of Law by Aulis Aarnio
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