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• Textual Empiricism and Analytical Legal Doctrine: Legal Analysis Sub Specie Linguae

  105-125

  László Blutman

  Views:

  132

  In the article the author outlines the basics of a legal methodology (called textempiricism and analytical legal doctrine), which is consistently language-oriented and empirical. It rests on a relatively simple, seemingly obvious assertion: in order to qualify as scientific proposition, legal propositions need to correlate to authoritative legal texts as empirical linguistic facts. This stance defines the necessary starting point for and primary direction of legal research as well as the terms of legal theorizing, or the methodological foundations of the critique of general legal statements.

• A Philosophical Approach to Law

  11-22

  Bjarne Melkevik

  Paksy Máté(Translator)

  Views:

  171

  Bjarne Melkevik’s book is one of the best comprehensive treatments of legal philosophy currently available in Canada. First of all, the reader will find in the form of a long introduction a bookchapter translated into Hungarian, which is a general description of Melkevik’s jurisprudential views, provided by Mate Paksy. The chosen chapter organizes the reflexions on legal philosophy into three interrelated ques- tions. Melkevik’s first, thought-provoking question is as follows: why do we need legal philosophy? He views legal philosophy not as foundational legal scholarship, but mainly as an elucidation of public, reflexive argumentation on law which isn’t at

  odds either with an empirical methodology. The second question concerns whether studying legal philosophy is useful for lawyers. Here Melkevik endorses again a post-positivist position according to which both law and legal philosophy are essentially practical discourses. Though the third part of the paper is heavy with disciplinary boundary-drawing, which emerges from questioning the place of legal scholarship vis-à-vis other, more empirical branches of social sciences such as history or anthropology, Melkevik’s reflexions here are still inspired by a sort of Neo-Kantian legal philosophy and Habermas’ communicative ethics.

• Problems of textual empiricism

  126-139

  Mátyás Bencze

  Krisztina Ficsor

  Ágnes Kovács

  Péter Sólyom

  Views:

  134

  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.

• The Legal Status of Macro-prudential Authorities in the Member States of the European Union

  János Kálmán

  Michal Janovec

  Views:

  81

  The study examines the main components of the organisational framework for macro-prudential management in the Member States of the European Union. The organisational design of macro-prudential management is a matter for the Member States, which can themselves be grouped into different models. The study first presents the international and EU standards and recommendations on the status of macro-prudential bodies in the Member States, then summarises the basic, theoretically relevant features of the status of macro-prudential bodies in the Member States, presents the analytical methodology of the study and finally analyses the features of the status of macro-prudential bodies in the Member States according to the methodology defined. The study concludes that there is a tendency for the EU macro-prudential body to standardise the basic elements of the status of macro-prudential bodies. However, the process of unification of the content of the institutional framework is still at an early stage and a variety of legal solutions can be identified for each of the substantive aspects. The study concludes that the institutional framework of macro-prudential policy can be described by a coordinated unification of the substantive pillars, with different formal features, but with different legal solutions.

• Work of Costantino Mortati in the Field of Public Law

  23-41

  Katalin Egresi

  Views:

  114

  The aim of my article is to present an overview of certain stages of Costantino Mortati’s scientific work (Constitutional Court’s judge and professor of law) on the basis of Italian bibliography. His most popular work, entitled “the Constitution in material sense” (1940) conforms to problems and methodology of Italian constitutional law, while it reflects to contemporary schools of European jurisprudence and changes of institutions and theories of modern state. Behind Mortati’s theories about the State and the Constitution, the Italian liberal state regarded as heritage of risor- gimento, and the symptoms of its crises, birth and fall of the totalitarian state and the fundamental public law-aspects of the democratic and republic state can be found.