Law and Learning Revisited: Discourse, Theory and Research
The article first reviews the major lines of discussion following the publication of Law and Learning It then focuses on the position of theory and research in legal education and scholarship and attempts to argue that law proper can neither be derived inductively from empirical positions, nor deduc...
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| Format: | Electronic Book |
| Language: | English |
| Published: |
1987
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| In: | Year: 1987 |
| Online Access: |
Volltext (kostenfrei) |
| Check availability: | HBZ Gateway |
| Summary: | The article first reviews the major lines of discussion following the publication of Law and Learning It then focuses on the position of theory and research in legal education and scholarship and attempts to argue that law proper can neither be derived inductively from empirical positions, nor deductively from universal propositions but is a constituted account, a form of discourse, a pure theory; or in its negative expression a simulacrum dependent on recognition rather than reference. Its autonomy is thus purely formal and cannot be used to distinguish law substantively from other forms of discourse, such as science and politics which indeed give law its content |
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