Rule of Law and Legal Epistemology

Published in E. Feteris, H. Kloosterhuis, J. Plug, C. Smith (eds.), Legal Argumentation and Rule of Law, The Hague: Eleven 2016, p. 193-204.)

Tilburg Private Law Working Paper Series No. 3/2017

Tilburg Law School Research Paper No. 11/2017

10 Pages Posted: 25 Apr 2017

Date Written: April 25, 2017

Abstract

Against the positivistic conception of law, restricted to sources of law, it is argued that doctrine and other materials are also relevant. Legal argumentation is based on legal knowledge, which is constructed not only with legal authorities but also with epistemic authorities, in line with the epistemological recognition of testimony as source of knowledge. This approach can accommodate the authority of non-binding texts, thereby contributing to a legal method for a multi-level legal order.

Keywords: legal epistemology, legal method, multi-level legal order, epistemic authority, testimony, positivism, sources of law, precedent

Suggested Citation

Tjong Tjin Tai, Eric, Rule of Law and Legal Epistemology (April 25, 2017). Published in E. Feteris, H. Kloosterhuis, J. Plug, C. Smith (eds.), Legal Argumentation and Rule of Law, The Hague: Eleven 2016, p. 193-204.); Tilburg Private Law Working Paper Series No. 3/2017; Tilburg Law School Research Paper No. 11/2017. Available at SSRN: https://ssrn.com/abstract=2958144 or http://dx.doi.org/10.2139/ssrn.2958144

Eric Tjong Tjin Tai (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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