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A Theory of Legal Doctrine

Ratio Juris, 2001
Legal doctrine in Continental European law (scientia iuris) consists of professional legal writings, e.g., handbooks, monographs, etc., whose task is to systematize and interpret valid law. By production of general and defeasible theories, legal doctrine aims to present the law as a coherent net of principles, rules, meta‐rules, and exceptions, at ...
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Doctrinal Knowledge, Legal Doctrines and Legal Doctrinal Scholarship

SSRN Electronic Journal, 2011
The essay deals with the methodological foundations of legal doctrinal scholarship. It uses as a starting point two recurrent complaints about legal doctrinal scholarship: (1) it is unable to find its place among the social sciences, and (2) its status as an academic discipline is tainted by ideological commitments.
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