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Essays on the Doctrinal Study of Law

Part of the Law and Philosophy Library Book Series (volume 96)

DOI: 10.1007/978-94-007-1655-1

ISBN: 978-94-007-1654-4

Publisher: Springer Netherlands - Springer Journals

Jun 10, 2011

1 - 10 of 21 Chapters

Available

The Roman Heritage

Aarnio, Aulis

Pages: 3 –7

[Lawrence M. Friedman has analysed the problem of a modern legal culture in detail (Friedmann 1994, 117). The doctrinal study of law (later, DSL) is part of that culture, especially in the so-called Continental legal systems. One of the basic aims of this study is to identify the place for DSL in...
Available

Bonus Theoreticus, Malus Practicus?

Aarnio, Aulis

Pages: 9 –17

[The idea of a good theoretician being lacking in practical affairs is an old one, as the Latin used in the title of this chapter shows. Following this idea, the thesis could also be translated as follows: A practising lawyer can never be a theoretician. It seems to me that opinions of this type...
Available

What Is the Doctrinal Study of Law?

Aarnio, Aulis

Pages: 19 –24

[According to the traditional view, in this treatise the doctrinal study of law is understood as a discipline, which has to (1) produce information about the law and (2) systematise the legal norms (Aarnio 1989a, 3). In doing this, DSL is one category of the legal sciences. There are, however,...
Available

Lawyer’s Dilemma

Aarnio, Aulis

Pages: 27 –30

[Robert Alexy emphasises that the single most essential feature of law is its dual nature (Alexy 2008, 288). The law belongs to the realm of facts as well as that of ideals. The core of its real nature is coercion or force. The judge has both the power and obligation to decide the case. However,...
Available

On Language-Games

Aarnio, Aulis

Pages: 31 –38

[In the philosophy of language, a separation has traditionally been made between the semantics, syntax and pragmatics of language. In this respect, Wittgenstein’s thinking went through a quite radical transformation as he moved from the Tractatus into Philosophical Investigations. The “later”...
Available

The Foundations of Knowledge

Aarnio, Aulis

Pages: 39 –44

[In the years 1949–1951, Wittgenstein mainly focused on the problem of knowledge and certainty (Wittgenstein 1969, 2, 18, 24, 54, 82, 88; von Wright 1972, 11; Aarnio 1997, 119). Accordingly, he strove to point out the difference between these concepts. An important starting point for this is the...
Available

On the Ontology of Law

Aarnio, Aulis

Pages: 45 –52

[The problem of language-games is involved in another key issue: the ontology of law. What else in the world of life is but a basis for an ontology, which is why a further question has to be answered: How does the law exist? A classic example of an ontological problem has the form: Is my overcoat...
Available

A Moral Point of View

Aarnio, Aulis

Pages: 53 –63

[Ethics and morals have been, and are by now, the subject of a wide and deep philosophical discussion. It would be waste of time even to attempt to deal with the main contributions on this topic. In what follows, the focus is only on a limited number of issues where there seems to be at least...
Available

The Three Notions of Liberty

Aarnio, Aulis

Pages: 65 –70

[For the purposes of this contribution, Philip Pettit has made an important distinction between singular and plural notions of liberty or freedom. He writes:]
Available

What Is Science?

Aarnio, Aulis

Pages: 73 –79

[In the philosophy of science, a great deal of the criteria for “genuine” scientific research has been defined. According to the positivistic theories, the demarcation line between science and non-science is clear (Popper 1959). This means that DSL is not science at all. However, the scientific...

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