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Legal Method and the Rule of Law (Hardcover, 2002 ed.)
Loot Price: R4,499
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Legal Method and the Rule of Law (Hardcover, 2002 ed.)
Series: Law and Philosophy Library, 59
Expected to ship within 10 - 15 working days
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We cannot see the world as it is because we face it in a
'contaminated' vein. That is, our conceptual scheme and biological
constitution condition our world view. The legal normative world we
are dealing with has some special features, like the primacy of
practical reason over theoretical reason and the primacy of the
internal point of view over the external point of view. Although it
is not a feature of all legal traditions, 'legal dogmatics' is a
privileged way of knowing legal normative object, that is, our
legal orders. But we are not undertaking - as legal scholars - an
empiricist enterprise because, among other reasons, we are not
interested in the reality 'in itself' but in the 'relevant'
reality, at least for us. In this respect, we do not only depend on
theories (like physicists) but also on legal authoritative sources,
that is, power and legitimacy. Legal scholars (and other
participants in the legal life) are not neutral observers of their
own world, trying to discover some hidden truth. They are committed
experts trying to describe, justify and improve the legal order.
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