ARGUMENTS THAT COMBAT LEGAL NEO-REALISM IN TERMS OF LEGAL INTERPRETATION

Claudia Andritoi () and Paulescu Ioan Anton ()
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Claudia Andritoi: University Eftimie Murgu, Resita, Romania
Paulescu Ioan Anton: University Eftimie Murgu, Resita, Romania

The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration, 2009, vol. 9, issue Special, 9-14

Abstract: A theory of law must especially to determine conceptual its subject. To clarify the essence of legal neo-realism it is appropriate to establish the meaning and scope of such notions. Law in general is a result of society evolving in the several thousands of years when it appeared. So is that right now law works with concepts and institutions, with definitions and principles fixed on time. Lawyers, in turn, use a unique language, spell and "translate" the laws for everyone, language transmitted from generation to generation and constantly enriched with new and new attributes. To clarify these things, the legal interpretation comes to lead the steps of those who want to figure out the tricks of law and to familiarize them with the legal requirements. In order to analyze the arguments that combat legal neo-realism in terms of legal matters interpretation, the legal rules that constitute the legal system should be investigated in a scientific manner, seeking in the meantime the principles on which is based this approach: rationality, objectivity, neutrality, hypothesis testing under with a rigorous and open methodology, so as to confirm the followed negative response (Pfersmann and Tims, 2001). This view is not shared by the devotees of natural law, that paradoxical are connected to ideas of a school whose doctrine is part of the required scientific empiricist movement. Based on these differences a suite of pro and against arguments is built to the analyzed mentioned theories in interpreting legal matters.

Keywords: methodological rigor; decoding law; art law-making; legal neo-realism; argumentative constraints. (search for similar items in EconPapers)
Date: 2009
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