A European Controversy of Juridical Thinking: Juridical Doctrine and/or Legal Science?
A European Controversy of Juridical Thinking: Juridical Doctrine and/or Legal Science?
Author(s): Ion CraiovanSubject(s): Philosophy of Law
Published by: Editura Hamangiu S.R.L.
Keywords: legal thinking; legal doctrine; legal science; knowledge;
Summary/Abstract: Communication proposes some tests and family considerations words: legal doctrine, legal knowledge, legal knowledge, the meaning and the meanings conveyed especially in european and romanian theoretical space. Thus, if the terms of legal doctrine and legal science, both used, known - as - the theoretical approaches on the right, are synonymous, we can use random or are there reasons to use preferential its just one tooth, depending on context? It justifies the elimination of one or the other in the field of scientific research ? If there are different or partial identity, what the differences of meaning and purpose and epistemological implications about legal knowledge ? What relationships exist between legal doctrine, legal science, legal knowledge ? Therefore, we propose not merely linguistic - etymological considerations or purely epistemological.We argue that the decisive control solution adopted understood how legal knowledge, nature and its potential, with major implications for legal and social practice. We conclude, following summaries considerations, the coexistence phrases " legal doctrine " and " legal science " in the contemporary legal knowledge and no question repudiation of one or the other. But not all have the same meanings conveyed epistemological value and oscillates depending on the context of the unacceptable, the harmful and desirable. These phrases may know the identity of the contemporary spirit, to the extent that legal doctrine promotes specific legal phenomenon, but is open to acquisitions and contemporary philosophy of science, complex approaches, interdisciplinary methodological arsenal, by accepting that legal practice involves how inherently legal theory, the aspiration of new degrees of science, including legal problem of the future, by integrating general knowledge network.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: II/2014
- Issue No: II
- Page Range: 854-861
- Page Count: 8
- Language: English