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  1. 1 Studia Prawno-Ekonomiczne

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  1. 1 Leszczyński J.

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  1. 1 2010

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O niezmienności sposobu uprawiania dogmatyki prawa

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Leszczyński J.
Studia Prawno-Ekonomiczne
|
2010
|
vol. LXXXI (81)
115-129
EN
Aulis Aarnio in a few studies examined the applicability of the concept of scientific paradigm created by Thomas T. Kuhn to describe the legal dogmatics. First of all, the aim of that study was to elucidate the changes in legal dogmatics. He stated that the paradigm of legal dogmatics, in principle, does not change because it is impossible to indicate a crisis crucial to change the paradigm. Variations occur only within a dogmatist legal theories or in ways of interpreting the basic disciplinary matrix. . This phenomenon can be explained by the fact that legal dogmatics are basically oriented practically rather than cognitively. Legal dogmatics serve legal practice by solving problems of interpretation and application of the law. Assumptions about the nature of the objects perceived from the perspective of that practice, the relationship between them, the way to explore these objects and the operations concerning them, do not need to have theoretical nature. Objects, in which legal dogmatics are interested as text and meaning, are not natural objects, so we cannot speak about the crisis in describing them.
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