Naslov
Is 'Naturalised' Methodology in Legal Theory Helpful?

Autori
Burazin, Luka

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
Reconsidering Democracy: (New) Theories, Policies and Social Practices - Programme of the 4th Central and Eastern European Forum of Young Legal, Political and Social Theorists, 23-24 March 2012, Celje, Slovenia / Teršek, Andraž, Smrkolj, Marko - Celje : International School for Social and Business Studies, 2012, 50-50

ISBN
978-961-6813-05-1

Skup
CEE Forum 2012: Reconsidering Democracy: (New) Theories, Policies and Social Practices

Mjesto i datum
Celje, Slovenija, 23.03.2012. - 24.03.2012

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
subject-matter of legal theory; methodology; conceptual analysis; naturalised legal theory

Sažetak
With regard to the methodology of determining the subject-matter of legal theory, there are two strands of thought. According to the first and the predominant one, the subject-matter of legal theory is primarily determined on the basis of an a priori conceptual analysis and the intuitions of a theorist expounding his theory of law. In doing so, the legal theorist uses introspection and leans on his own intuitions about the possible instantiations of law, taking them as the grounds for determining the essential features of law. The second strand is B. Leiter's proposal for the so-called “naturalised“ legal theory. Following Quine's understanding of epistemology, Leiter subjects to criticisms the method of the a priori conceptual analysis and the role of intuitions in legal theory, holding the view that legal theory should be grounded in empirical research, which then enables an a posteriori conceptual analysis of the concept of law. In view of the fact that law is a concept “people use to understand themselves“, Leiter suggests that introspections of legal theorists and their intuitions should be replaced with empirical research on the views of those subject to law, i.e. with the ordinary people's views about law. Such “folk“ view would represent the so-called internal point of view in its widest sense – the point of view of all the addressees of legal norms in a legal system who acknowledge these norms as reasons for their actions. This “naturalised“ methodological approach to legal theory raises a question on whether empirical research can be practically useful in constructing a theory of law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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