On Law, from a Multidisciplinary Perspective
On Law, from a Multidisciplinary Perspective
Author(s): Jenõ SzmodisSubject(s): Law, Constitution, Jurisprudence
Published by: BL Nonprofit Kft
Summary/Abstract: In my interpretation “Multidisciplinary Legal Research” is an approach that is not limited by overly restrictive methodology in support of sophisticated analysis, often by syntheses. The conceptual analysis of law offers many chances to discover the internal logic of a certain law. However, as we know, the life of the law has not been logic, it has been experience. It is also clear that the essence of law is in its function, and this function can be realized only by the operation and application of law. Conceptual approaches cannot grasp this operation merely through analysis of concepts. Functional approaches to the understanding of law, in contrast, can lead us to a theoretical concept of law. Of course, the analytical-conceptual approach can be highly helpful in cognition, but this is true first and foremost in the case of developed legal systems that were founded on a conceptual basis. We should not forget that our modern legal systems are not merely products of conceptual and theoretical categories. These systems are continuations of a special ideological structure, which consisted of Christian morality, an irrational (but often expedient and efficient) system of feudal domination, and Roman law. These are the deeper bases of our legal systems. Consequently, in our attempt to understand the nature of our law, we cannot neglect analysis and inquiry into past phenomena. The historical aspect is of particular importance from this point of view.
Journal: Hungarian Review
- Issue Year: II/2011
- Issue No: 04
- Page Range: 64-69
- Page Count: 6
- Language: English