The Dilemma of Legal Reasoning: Moral Evaluation or Description of the Law?
This is a book in legal theory. Its purpose is to justify the legal method.
The specific legal method constitutes not only the core of the “legal dogmatics” but also characterises the legal, inter alia judicial, decision-making. Of course, there are also some differences. For example, compared with judicial method, legal dogmatics lacks the decision component; it is more abstract and less bound to a “given” case; it deals with many examples of real and imaginary cases. The most profound difference consists in the fact that legal dogmatics often claims to be more rational than legal practice, that is, more oriented towards general theses, supported by extensive arguments. The similarities are, however, far deeper than the differences.
KeywordsContractual Condition Majority Rule Legal Rule Legal Norm Moral Consideration
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