Buch, Deutsch, Band 002, 272 Seiten, Format (B × H): 172 mm x 251 mm, Gewicht: 674 g
Ein entscheidungstheoretischer Versuch
Buch, Deutsch, Band 002, 272 Seiten, Format (B × H): 172 mm x 251 mm, Gewicht: 674 g
Reihe: Beiträge zu Grundfragen des Rechts
ISBN: 978-3-89971-763-1
Verlag: V & R Unipress GmbH
Fachgebiete
Weitere Infos & Material
The relation between cases and norms is a fundamental question in modern jurisprudence. Oskar Hartwieg understands cases and norms as variables that cannot simply be taken separately and made to match in legal decision-making processes. He is primarily interested in establishing how the judges' evaluations of case facts can be captured theoretically. He is thereby critical of the predominant "normative standpoint", which pronounces the will of the legislature to be the general benchmark. Hartwieg has no doubt at all that the work of the legal practitioners relates primarily to legal texts, either as individual, more or less abstractly formulated pieces of legislation or in interaction with other norms. But jurisprudence is more than just a text-bound science. This is evident alone from the term "circumstances of the case", which concedes to each case its own properties and in this way expresses a curious distance between language and things. It is this distance on which Hartwieg's research focuses, and which once more plays an important role in current theoretical legal debate.>