Aarnio Aulis. Essays on the Doctrinal Study of Law. Springer Netherlands,2011. — 221 p.. 2011
This book deals with the doctrinal study of law, although the focus is on the legal reasoning in general. The topics have been chosen for a special reason. I first began to think about the value of philosophy for practical lawyers more than fifty years ago. The past five decades have shown that my curiosity has not been wasted. I am now more convinced than ever before that the old phrase “bonus theoreticus, malus practicus” does not hit the nail on the head. For this reason, the goal of my contribution is to increase the understanding of the value of philosophy for lawyers, especially for everyday research.
Part I Introductio
Chapter 2 Bonus Theoreticus, Malus Practicus?
Chapter 3 What Is the Doctrinal Study of Law?
Part II The Foundations of Legal Thinkin
Chapter 5 On Language-Games
Chapter 6 The Foundations of Knowledge
Chapter 7 On the Ontology of Law
Chapter 8 A Moral Point of View
Chapter 9 The Three Notions of Liberty
Part III Between Realism and Idealis
Chapter 10 What Is Science?
Chapter 11 Legal Realism Reinterpreted
Chapter 12 Outlines of the New Rhetoric
Chapter 13 Scientific Inference - An Example
Part IV On the Doctrinal Study of La
Chapter 15 Two Types of Norms
Chapter 16 The Formal Validity, Efficacy, and Acceptability of Legal Norms
Chapter 17 The Procedure of Legal Reasoning
Chapter 18 The Sources of Law
Single arguments referred to in legal reasoning are those that make the conclusion valid as a legal standpoint - that is, that connect the arguments as well as the conclusion to the legal order. From this point of view, the arguments are called the sources of law.
Chapter 19 One Right Answer?
Chapter 20 On the Systematisation
Chapter 21 Change or Development?
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