Fused Modality. An Integral Part of Lawyers’ Form of Life

Author: ENG, SVEIN

Source: Ratio Juris, Volume 18, Number 4, December 2005 , pp. 429-433(5)

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Abstract:

In this reply to Dahlman (2004), the focus is on aspects that I take to be of general interest. The point to be emphasised is the absence of a critically reflexive mode of questioning on the part of Dahlman and, in general, on the part of the position he represents, namely, an empiricist and logical paradigm of atemporal cognition and control. It is argued that lawyers’ thinking de lege lata—with its distinctive connection to normativity and morals, through the unity of the temporal and institutional dimensions in fused modality—can never be understood within such a framework.

Document Type: Research article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2005.00308.x

Affiliations: 1: University of Oslo Department of Public and International Law Karl Johans gt. 47 N-0162 Oslo Norway, Email: svein.eng@jus.uio.no

Publication date: 2005-12-01