Legal TheoryOne way to approach Legal Theory is as if it were the philosophy of legal science. In the present course we will take this approach. The philosophy of science in general deals with the questions under which circumstances scientific 'knowledge' is justified, and which methods are to be used to obtain justified knowledge. Philosophers like the Logical Empirists, Popper, Kuhn and Lakatos have presented theories about the progress of scientific knowledge and we will pay some attention to their views.However, it is far from obvious that the insights concerning empirical sciences are applicable to the law. Science deals with what is true, while the law deals with what is just, at least that is what some authors argue. Another topic that will receive attention is to what extent the law and legal science can be compared to the physical sciences. In that connection legal methodology will also be dealt with. If there are foreign participants, the course will be held in English. Literature: The literature will be chosen in consultation with
the participants.
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Section Law and Informatics |