Het geschil als spil: De empirische cyclus van rechtswetenschap (The Dispute as Pivot: The Empirical Cycle of Jurisprudence)

Abstract

This article examines how the theory of A.D. de Groot on the empirical cycle can be applied to the civil dogmatic jurisprudence. The starting point is a thought exercise in which, starting from a situation without law, rules arise through dispute settlement . The reasoning and experience process used in dispute settlement is analyzed using classical legal literature and modern cognitive-psychological publications. The rules relate to behavior and relationships. The meaning of terms by which behavior and relationships are indicated by adjudicators, lies implicit in the way rules have been associated with the facts and circumstances of the settled disputes. In the context of organized and formalized transfer of knowledge it is the task of jurisprudence to identify the terms and to place them in a formal system. The results of that work can be presented in the form of an empirical cycle.

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Keywords: dogmatische rechtswetenschap, methodologie, empirische cyclus, dogmatic civil jurisprudence, methodology, empirical cycle