Osny da Silva Filho, ‘Doctrinal Methods in Civil Law Jurisdictions’

ABSTRACT
Legal doctrine is the oldest and most pervasive form of legal scholarship within civil law jurisdictions. Utilizing a variety of methods, it plays a critical role in identifying, interpreting, and systematizing the laws of specific legal systems. Recently, however, doctrinal scholarship has faced criticism for being either too practical, lacking academic rigor and theoretical substance, or not practical enough, being too much focused on abstraction and self-referentiality. This chapter addresses these seemingly contradictory criticisms by proposing three complementary strategies to reclaim the relevance of legal doctrine.

da Silva Filho, Osny, Doctrinal Methods in Civil Law Jurisdictions (June 5, 2014).

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