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The implications of legal philosophy and legal methodology for lawyers

Author:
Issue 2001/4
Pg 211-213

Summary

As in its nature legal philosophy is a philosophical rather than a legal discipline, the author argues why it is still necessary for lawyers. According to the understanding of Gustav Hugo, any legal discipline was to entail a critical question whether a rule or solution recognised by us as law is justified to be valid as such. However, the question posed by legal philosophy about the reasonableness of the law in force is not only necessary for future lawyers. For example, Friedrich Carl von Savigny, the leader of the historical school, was convinced that there is no essential difference between the operation of jurisprudence and legal practice. Legal methodology as a part of legal philosophy provides us with the techniques and rules of legal thinking, which, when strictly observed, help lawyers in their everyday work. If a case is resolved in the correct technical order, the case is easier to resolve. Further, adherence to the rules of the legal thinking technique renders the lawyer’s course of resolving a case and argumentation more transparent and easier to control.

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