概括
本研究阐明了法律中的教义研究方法,强调了实证研究如何提高法律理解和批评. 它警告说,并非所有经验方法都适合于法律见解.
科学领域:
- 法律研究 法律研究
- 社会科学 社会科学 社会科学
背景情况:
- 教义研究是核心的法律方法,但它的方法往往是无法解释的.
- 律师们努力阐明实证研究在法律研究中的作用.
研究的目的:
- 定义教义研究的特点.
- 确定实证研究如何为法律研究做出贡献.
- 警告在法律背景下不适合的经验方法.
主要方法:
- 对教义研究特征的分析.
- 将经验研究纳入法律研究的概念框架.
主要成果:
- 教义研究假设法律仅来自法律来源.
- 经验研究对于准确的法律理解,批评和来源调查至关重要.
- 特定的经验方法可能不会产生与教义相关的见解.
结论:
- 了解教义研究的假设是欣赏实证贡献的关键.
- 为了获得相关的法律见解,必须仔细选择经验方法.
- 整合经验研究需要导航潜在的方法陷.
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