Action-based legal theory provides tools to take into each case. It supplies some of the underlying questions to which case-specific details shape answers. Legal principles guide inquiry into specifics while emerging details suggest the most relevant set of legal principles to apply. Justice may be found at the meeting theory and practice—of deduction, institutions, and the details of specific cases. Sound theory functions as a service to legal practitioners, enabling them do their jobs more easily and reliably. […]
Legal practice should always be on trial in the court of legal theory, while legal theory should be recognized as insufficient to do justice in any real case. Legal theory and legal practice must therefore persist in a challenging but necessary marriage between distinctive partners if they are to produce the offspring of justice. Used properly, praxeological legal concepts not only boost the clarity of legal theorizing from “the armchair,” they also enhance the ability of practitioners to parse specific cases from “the bench.”
(Source: libertarianpapers.org)
-
andresspeaks reblogged this from whakatikatika
-
andresspeaks likes this
-
whakatikatika reblogged this from conza
-
whakahekeheke likes this
-
conza posted this