Doctrine and empirical research: a difficult dialogue
DOI:
https://doi.org/10.24862/rcdu.v14i1.1659Abstract
The article aims to characterize legal doctrine as a genre of legal works that are closely related to legal dogmatics, and to describe and evaluate, within the scope of legal methodology and theory of law, two commonly identified problems: vulgar empiricism, which encompasses vulgar interdisciplinarity, and the myth of neutrality, in one of its developments. It concludes that a commonly presented proposal to overcome these problems, doing more empirical research in law, is adequate, with limitations, to deal with the first problem, but not with the second. At the end, it presents a suggested technique for reading doctrinal texts.
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