Since 2014
THE LAW’S AUTONOMY AND A PRACTICAL LAW-VIEW. PRELIMINARIES TO LEGAL DISCOURSE ANALYSIS
Wroclaw Review of Law, Administration & Economics
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| Title |
THE LAW’S AUTONOMY AND A PRACTICAL LAW-VIEW. PRELIMINARIES TO LEGAL DISCOURSE ANALYSIS
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| Creator |
Pichlak, Maciej
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| Description |
The paper elaborates basic foundations for a new methodological account of the autonomy of law. It argues that the problem of the law’s autonomy, however broadly discussed in the past, still awaits a fully plausible and comprehensive examination. The main attempt is made in three successive steps: first, existing analyses of the law’s autonomy are briefly recapitulated. Second, the main contemporary challenges in the field are pinpointed. These are: the increasing reflexivity of legal institutions, the growing (even if not explicitly indicated) relevance of the problem of the law’s autonomy in present-day jurisprudential debates, and some theoretical deficiencies of existing analyses of the problem under discussion; as to the last point, the existing analytical considerations should be complemented with more empirical, sociological insights. In the last, third step a research programme is proposed based on Sociological Discourse Analysis methodology. The main analytical tool used herein is the concept of law-view, which is put forward and explained in the study.
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| Publisher |
University of Wroclaw
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| Contributor |
—
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| Date |
2015-06-14
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| Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion — |
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| Format |
application/pdf
application/pdf |
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| Identifier |
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/74
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| Source |
Wroclaw Review of Law, Administration & Economics; Vol 4, No 1 (2014): Issue 1; 61-69
2084-1264 |
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| Language |
eng
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| Relation |
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/74/110
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/74/111 |
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