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Redefining Normative Legal Science: Towards an Argumentative Discipline

Jan M. Smits
Tilburg University - Tilburg Institute of Comparative and Transnational Law (TICOM); University of Helsinki - Center of Excellence in Foundations of European Law and Polity



METHODS OF HUMAN RIGHTS RESEARCH, F. Coomans, F. Grünfeld, M. Kamminga, eds., Antwerp-Oxford, 2009, 45-58
TICOM Working Paper No. 2009/7

Abstract:     
Academic legal scholarship increasingly relies on non-normative perspectives. This raises the question what is actually the core of academic legal scholarship and what methodology legal academics should adopt. In this contribution, it is argued that the focus in the present debate should not be on how other disciplines than the law can help us to make the academic study of law more 'scholarly.' Instead, the question should be how the legal approach itself can better match the expectations one has about a truly scholarly discipline of law. To this end, the purpose of normative legal scholarship is redefined.

Keywords: Legal science, Methodology, Normative approach

Accepted Paper Series

Date posted: May 30, 2009 ; Last revised: October 19, 2009

Suggested Citation

Smits, Jan M., Redefining Normative Legal Science: Towards an Argumentative Discipline (2009). TICOM Working Paper No. 2009/7. Available at SSRN: http://ssrn.com/abstract=1411716


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Contact Information

Jan M. Smits (Contact Author)
Tilburg University - Tilburg Institute of Comparative and Transnational Law (TICOM) ( email )
P.O. Box 90153
NL-5000 LE Tilburg Netherlands
HOME PAGE: http://www.jansmits.eu
University of Helsinki - Center of Excellence in Foundations of European Law and Polity ( email )
Porthania
P.O. Box 4
Helsinki FIN-00014
Finland
HOME PAGE: http://www.helsinki.fi/katti/foundations
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