Essays on the Doctrinal Study of Law
Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jűrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
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Aarnio accepted According Alf Ross arguments Aulis Aarnio basic basis beliefs belong binding Calonius coherence concept concerned courts criteria D-rationality decision define doctrinal study DS doctrine DSS theory Dworkin emphasised empirical evaluations example facie fact Finnish formally valid formulation hermeneutic human idea ideal Ilkka Niiniluoto important institutional interpretation Jerzy Wróblewski judge judicial ideology justification Kuhn Lagerspetz language language-games lawyers legal community legal norms legal order legal reasoning legal thought legislator liberty logical MacCormick matrix means moral natural law negative liberty Nehrman Neil MacCormick notion ontological Philosophy Library 96 point of view positive liberty possible prediction problem proposition question Qumran rational discourse regard rhetoric Robert Alexy role Roman law rules and principles scholar Science+Business Media B.V. scientific scrolls sense shared social society sources of law Springer Science+Business Media statutes study of law systematisation theoretical thesis truth understanding Wittgenstein world3 Wróblewski