Kontext der Erfindung und Kontext der Begründung in der Wissenschafts- und Rechtsphilosophie

The paper is concerned with a question of using a distinction between a context of discovery and a context of justification in legal philosophy and theory of law. The main purpose of the paper consists in applying some considerations made in philosophy of science into the matters of legal philosophy...

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Bibliographic Details
Published in:Archiv für Rechts- und Sozialphilosophie 2010-12, Vol.96 (4), p.469-484
Main Author: Holocher, Justyna
Format: Article
Language:ger
Subjects:
ARSP 2010, 469
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Summary:The paper is concerned with a question of using a distinction between a context of discovery and a context of justification in legal philosophy and theory of law. The main purpose of the paper consists in applying some considerations made in philosophy of science into the matters of legal philosophy, taking into account internal diversity of methods used in legal philosophy and theory of law. Argumentation presented in the paper aims at demonstrating that distinction between a context of discovery and a context of justification in jurisprudence is useful. What is more, the distinction applied to legal philosophy is the best way to reveal the essence of legal reasoning which is an intellectual activity related to actual state and legal norms, aimed at solving a litigation, irrespective of a conception of binding force of the law.
ISSN:0001-2343
2363-5606