182179

Springer, Dordrecht

2006

234 Pages

ISBN 978-1-4020-4936-1

Methods of legal reasoning

Jerzy Stelmach , Bartosz Brozek

The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study fourdifferent, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.

Publication details

Full citation:

Stelmach, J. , Brozek, B. (2006). Methods of legal reasoning, Springer, Dordrecht.

Table of Contents

Logic

Stelmach Jerzy; Brozek Bartosz

17-67

Open Access Link
Analysis

Stelmach Jerzy; Brozek Bartosz

69-109

Open Access Link
Argumentation

Stelmach Jerzy; Brozek Bartosz

111-165

Open Access Link
Hermeneutics

Stelmach Jerzy; Brozek Bartosz

167-209

Open Access Link
Methods of legal reasoning from a postmodern perspective

Stelmach Jerzy; Brozek Bartosz

211-221

Open Access Link

This document is unfortunately not available for download at the moment.