Mátyás Bódig, Legal Doctrinal Scholarship: Legal Theory and the Inner Workings of a Doctrinal Discipline
| DOI | 10.3366/elr.2022.0770 |
| Author | |
| Pages | 276-277 |
| Date | 01 May 2022 |
| Published date | 01 May 2022 |
What is the status of legal doctrinal scholarship? Is doctrinal knowledge a plausible field for academic research, or is its epistemological model outdated? Is it possible to reconcile legal scholarship’s commitment to academic standards and its close relationship with the legal profession? In this volume, Mátyás Bódig compellingly articulates a theory of legal doctrinal scholarship (“LDS”) which deals with these questions and, more generally, with the epistemological and political implications of cultivating doctrinal knowledge about the law in the context of a modern state. By anchoring LDS to the cultivation of doctrinal knowledge, Bódig can account for the distinctive position of LDS regarding the law. The fact that he operates in a lower level of abstraction than most contemporary legal theory, in turn, allows him to develop this account against the background of concrete practice and its social dynamics.
Very simply put, Bódig argues that LDS cultivates doctrinal knowledge through interpretive engagement with legal materials, and it does so from the internal dimension of the practice, that is, aligning with the practice’s constitutive values. As an academic discipline, LDS is expected to do more than just faithfully – and uncritically – describe the law as it finds it; it is expected to engage with positive law according to parameters of...
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