The Defence of Traditional Legal Research Demanded by its (Non)Appraisal

DOI: https://doi.org/10.71372/NKUF6239

Keywords: Legal science; Methodology; Doctrine; Multidisciplinarity; Language

Abstract: The substance of legal science is the interpretation of laws as texts written in natural language. Enacting laws also realises through this instrument. Under these conditions, law is foremost a national phenomenon. These legal dogmatics and politics or doctrine have various features and different quality, they can absent. We all know that law is a requirement, not reality, and that people sometimes violate it. As a scientific field, law is non-empirical and inexact. Under these conditions, one should understand not only absent understanding by lawyers, but also doubts about its scientific nature. Legal practitioners apply law in their cases, law schools educating and training students thus have a barely replaceable role. Law addresses people’s behaviour in all environments. Therefore, findings of all scientific disciplines are relevant and not only of social sciences, to which many categorise law more than to humanities. Scepticism towards alternatives is thus desirable. Empirical legal studies are escapism from the principal task of legal scholars especially in a post-socialist country with vulgarized law. Critical legal studies are also problematic, not only when they favour several ideologies. Albeit not free from ideology, positive law is an objective phenomenon.

Available in ASPI Download