In this article, the author argues that legal doctrine is not more normative than other scientific disciplines. This argumentation is built on the claim that the distinction between descriptive and normative statements is too simple to analyze the nature of legal doctrine. In the author’s view, a more detailed analysis of legal statements helps to achieve a better and more accurate characterization of legal doctrine as a science. For this purpose, the author builds on the distinction of Aarnio and Niiniluoto between norm-descriptions, norm-contentions and norm-recommendations. She argues that legal doctrine consists mainly of empirical and non-empirical norm-descriptions and that it can therefore be considered as a non-normative discipline. |
Refine your search
Search result: 1 articles
Year 2012 xArtikel |
|
Journal | Law and Method, 2012 |
Keywords | legal doctrine as a science, non-normative discipline, norm-descriptions, norm-contentions, norm-recommendations, Aarnio and Niiniluoto |
Authors | Anne Ruth Mackor |
AbstractAuthor's information |
Showing 1 found text
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.