Juridical Research and Juridical Culture Cover Image
  • Price 4.50 €

Cercetarea juridică şi cultura juridică
Juridical Research and Juridical Culture

Author(s): Emanuel Tăvală
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal research; methodology; comparative law; legal culture; legal pluralism;

Summary/Abstract: Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. in turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. is it (mainly) descriptive, hermeneutical, or normative? should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. the purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the french academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient.

  • Issue Year: 2019
  • Issue No: 02
  • Page Range: 80-94
  • Page Count: 15
  • Language: Romanian