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HERMENEUTICAL AND ANALYTICAL JURISPRUDENCE. (English)
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- Author(s): Spaić, Bojan
- Source:
Annals of the Faculty of Law in Belgrade; 2014, Vol. 62 Issue 1, p131-151, 21p
- Subject Terms:
- Additional Information
- Abstract:
The article examines the main strands of development in jurisprudence in the last few decades from the standpoint of the metatheoretical diferentiation between analytical and hermeneutical perspective in the study of law. The author claims that recent jurisprudent accounts can rarely be positioned within the traditional dichotomy natural law theories - legal positivism, and that this dichotomy is not able to acount for the diferences between contemporary conceptions of law. As an alternative the diference between the analytical and hermeneutical traditions in philosphy are explained, as they have crucialy influenced posthartian strands in angloamerican philosophy and postkelsenian strands in continental philosophy of law. Finaly, the influence of hermeneutical philosophy and legal theory is examined in regards of the development of a hermeneutical theory of law and the development of legal hermeneutics. [ABSTRACT FROM AUTHOR]
- Abstract:
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