Doctrinal methods in contract law in civil law jurisdictions

Osny da Silva Filho

Chapter 1 in Research Methods for Contract Law and Scholarship, 2025, pp 14-36 from Edward Elgar Publishing

Abstract: Legal doctrine represents the oldest and most pervasive form of legal scholarship within civil law jurisdictions. Utilizing a variety of methods, it plays a critical role in identifying, interpreting, and systematizing the laws of specific legal systems. Recently, however, doctrinal scholarship has faced criticism for being either too practical, lacking academic rigor and theoretical substance, or not practical enough, being too focused on abstraction and self-referentiality. This chapter addresses these seemingly contradictory criticisms by proposing three complementary strategies to reclaim the relevance of legal doctrine.

Keywords: Legal scholarship; Legal doctrine; Civil law; Contract law; Legal methods; Legal practice; Interdisciplinarity (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316465
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