Abstract
The paper has three sub-topics: legal knowledge, legal norms, and evolutionary systems. The three are interconnected. A reflection on the nature of legal knowledge throws light on the nature of legal norms. Legal knowledge is largely a posteriori and it is so because norms are largely contingent. Being a realm of continual change, law has novelty as a fundamental feature. The process of legal change is not driven by chance but by the attempt to face ever new problems and changing circumstances. This supports a view of legal systems as adaptive and evolutionary, as classical pragmatism suggested. However, inference can give some a priori legal knowledge.
Publisher
Stowarzyszenie Filozofii Prawa i Filozofii Spolecznej - Sekcja Polska IVR
Reference63 articles.
1. Alchourrón, C.E., Bulygin, E. (1971). Normative Systems. Wien, New York: Springer.
2. Alchourrón, C.E., Bulygin, E. (1981). The Expressive Conception of Norms. In R. Hilpinen (ed.), New Studies in Deontic Logic (pp. 95-124). Dordrecht: Reidel.
3. Alchourrón, C.E., Martino, A.A. (1990). Logic Without Truth. Ratio Juris 3, 46-67.
4. Alexy, R. (2008). On the Concept and the Nature of Law. Ratio Juris 21, 281-299.
5. Allen, R. (2013). Complexity, the Generation of Legal Knowledge, and the Future of Litigation. UCLA Law Review 60, 1384-1411.