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Problems of textual empiricism
Published:
2014-12-14
https://doi.org/10.26521/Profuturo/2014/2/5477
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Bencze, M., Ficsor, K., Kovács, Ágnes, & Sólyom, P. (2014). Problems of textual empiricism. Pro Futuro, 4(2), 126-139. https://doi.org/10.26521/Profuturo/2014/2/5477
Abstract
In this paper the authors make some critical comments on Blutman László’s legal methodology. They argue for the claim that legal cases cannot be solved by applying the methods of natural sciences. Law is an interpretive social practice, therefore legal texts can have more than one equally justifiable interpretation which can be in conflict with each other. Correct legal decisions, especially in hard cases, are the result of resorting to the justifying principles and purposes of law and cannot be achieved by using ‘textual empiricism’ as a legal methodology.