Redefining Normative Legal Science: Towards an Argumentative Discipline
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI); 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
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.
Number of Pages in PDF File: 14
Keywords: Legal science, Methodology, Normative approachAccepted Paper Series
Date posted: May 30, 2009 ; Last revised: October 19, 2009
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