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The Dilemma of Legal Reasoning: Moral Evaluation or Description of the Law?

Part of the Law and Philosophy Library book series (LAPS, volume 8)

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.

Keywords

Contractual Condition Majority Rule Legal Rule Legal Norm Moral Consideration 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer Science + Business Media B.V 2009

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