PRAVNA NAUKA I KONCEPTUALNA ANALIZA
LEGAL DOCTRINE AND CONCEPTUAL ANALYSIS

Summary/Abstract: According to a widely accepted opinion, a successful academic article in legal science should explain existing legal concepts, and sometimes revise them or create new ones, thus contributing to positive law being correctly interpreted, systematized, and, if necessary, improved. The main purpose of this discussion is to show how conceptual analysis is an indispensable tool for the successful execution of this task. In the article, first of all, the subject, aims and characteristics of legal science are explained in general. After that, and since conceptual analysis is primarily a philosophical method, the subject of conceptual analysis (concepts) is clarified, as well as the way in which it is generally practiced. In the central part of the article, the place of that method in legal science is pointed out, as well as the techniques it entails and the benefits it brings. Finally, the relationship between the concepts and the words that denote them and its importance for distinguishing between conceptual analysis and the interpretation of law is analyzed. The discussion is primarily intended for lawyers who want to deal with positive law from the aspect of legal science (legal doctrine), be they professors, students or legal practitioners.

• Details
• Contents