Science/Law

Authors

  • Miklós Szabó

DOI:

https://doi.org/10.59558/jesz.2024.4.135

Keywords:

legal scholarship, science, of law as craft, judgement, second nature, critical rationalism, narrativity

Abstract

As the model and measures of scientificity are served by exact sciences, legal scholarship finds
herself in dire straits. Legal scholarship covers practical knowledge, aimed at activity and has
doctrinal nature. This means she has to answer questions raised by particular cases without
possibility of certainty: her claims cannot be presented as (true) knowledge, just (justified)
opinion. The paper examines the characteristics of legal scholarship on one side and of sciences
on the other, under titles of law as craft, judgement, two natures, critical rationalism, narrativity.
The conclusion is that though the features of these two academic areas has been drawing closer
to each other during 20th century, their characteristic differences remained the same thanks to
the differences of logical spaces within the frames of which they present their theses.

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Published

2024-12-30