Law#Legal theory

As a legal theory, the experiment is referred to systematically observe the law in all its manifestations and to win it verifiable ( falsifiable ) evidence. Legal theory was initially as part of the field of legal philosophy, developed in the late 19th century as an independent discipline. The names of legal theory, legal philosophy and general jurisprudence are used by some legal scholars interchangeable, for others they designate separate disciplines.

Demarcation from the legal doctrine

The legal theory is different from the legal doctrine in that its subject matter standards are as such and not the rules of a given state law.

Functions of the legal theory

The legal theory has three functions that can be described as empirical, analytical and normative.

  • Empirically, it is in legal theory about the impact of standards on society. This raises the social technological and psychological question of whether and in what way to act legal norms on human behavior. There are studies on the actual application and observance of the law in society, its recognition by judges and citizens.
  • Analytically it comes to the study of legal language, the structure of legal norms and the structure of the legal system.
  • From a normative point is about the concept of law itself ( What is right? ), Its validity reason (Why applies right? ) And the methods of application of law (Methods ). Legal theory, then asks about the possibilities of determination of the right or righteous law.

One of the current directions of the legal theory, see the article in the philosophy of law.

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