Law and its doctrinal study (On legal dogmatics)

Varga, Csaba (2008) Law and its doctrinal study (On legal dogmatics). Acta Juridica Hungarica, 49 (3). pp. 253-274. ISSN 1216-2574

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Abstract

A theoretically motivated reasoning leaving its mark on legal dogmatics producing some derivative through a methodical process, the doctrinal study of law is a parasite contingent upon the law in force. For it converts law positedly built by consecutive structuring of words into some sort of a uniform conceptual system. Therefore it is an authored product mostly in a historical chain. Its novelty is lending logicality to what is inadvertent itself. As a reconstruction providing logically added meaning to a subject not carrying this itself, it too is contingent with by chance variations competing amongst themselves. Its goal is to establish consequentiality for deductive derivations in order to guarantee certainty in/of the law. Consequently, in arrangements without conceptualization there is no dogmatics either. In European history, the continental tradition has retraced ius to lex for the law to be embodied by posited texts. Dogmatics is a meta-structure logified upon them.

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