Methods of legal reasoning

  • Authors
  • Jerzy¬†Stelmach
  • Bartosz¬†Brozek

Table of contents

  1. Front Matter
    Pages i-ix
  2. Pages 17-67
  3. Pages 69-109
  4. Pages 111-165
  5. Pages 167-209
  6. Back Matter
    Pages 223-234

About this book

Introduction

The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.

Keywords

Epistemology Linguistic Analysis analysis argue argumentation theories dogmatics hermeneutics legal discourse legal method legal reasoning legal thinking logic philosophy of law positivism theory of law

Bibliographic information

  • DOI https://doi.org/10.1007/1-4020-4939-0
  • Copyright Information Springer 2006
  • Publisher Name Springer, Dordrecht
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-1-4020-4936-1
  • Online ISBN 978-1-4020-4939-2