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Kontext der Erfindung und Kontext der Begründung in der Wissenschafts- und Rechtsphilosophie

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The paper is concerned with a question of using a distinction between a context of discovery and a context of justification in legal philosophy and theory of law. The main purpose of the paper consists in applying some considerations made in philosophy of science into the matters of legal philosophy, taking into account internal diversity of methods used in legal philosophy and theory of law. Argumentation presented in the paper aims at demonstrating that distinction between a context of discovery and a context of justification in jurisprudence is useful. What is more, the distinction applied to legal philosophy is the best way to reveal the essence of legal reasoning which is an intellectual activity related to actual state and legal norms, aimed at solving a litigation, irrespective of a conception of binding force of the law.
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Language: ger

Document Type: Research Article

Publication date: 2010-10-01

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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