Rechtsdogmatik and Its Place in Practical and Theoretical Jurisprudence
Rechtsdogmatik and Its Place in Practical and Theoretical Jurisprudence

Author(s): Csaba Varga
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Languages of law; Doctrinal study of law; Ius/lex; Rules/norms; Conceptualisation; Systemicity; Law/The Law;
Summary/Abstract: Legal doctrine, doctrine juridique, or, as termed in its specialized German cultivation -Rechtsdogmatik, by transforming by given texture of the law into a logically organised conceptual system, will result in changes not of the law per se but its understanding as well. Thereby, it duplicates the legal phenomenon, giving mere drafted wordings conceptuality and systematicity. The paper overviews the novelty, formative role, understanding as a tentative scheme, and scientific status of the doctrinal work of law. Considering the fact that the law itself is neither theoretical in its nature nor a directly scientific product, but is a practical category, the doctrinal study of law is not "cognitively recognized". Consequently, non of its results can be verified or falsified. It is fundamentally a parasite: a collateral entity contingent on the law in force and guidance on how to understand the latter.

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