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Alternative title:

The significance of jurisprudence in contemporary criminal law literature

Subject and Keywords:

theory of law   criminal law   literature   criminal offence

Description:

Tyt. tomu: Postanalityczna filozofia prawa

Abstract:

For many years legal theory and, in particular, jurisprudence have been important to the criminal law literature. Criminal law scholars tend to eagerly address the concept of primary and secondary norms in their theoretical discourse in an attempt to confront it with a dogmatic construct of a criminal offence. Such studies are typically conducted upon belief that addressing primary andsecondary norms in dogmatic analysis is serving the purpose of systematising and methodologically ordering the discussions belonging to the realm of the study of the concept of criminal offence.A certain fascination of criminal law scholars with primary and secondary norms — which is, bythe way, not immediately understandable to the legal theorists themselves — should be treatedwith some skepticism, emerging from the question of what the dogmatics and the justice system really have to gain from situating the elements of the dogmatic construction of the criminal offence within the structure of primary and secondary norms as precisely as possible. Searching support for the dogmatic analysis in contemporary jurisprudence, the current scholars of criminal law should probably not refrain from building theories of their own entirely.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2015

Date copyrighted:

2015

Resource Type:

text

Identifier:

ISSN 0137-1134

Source:

PAd P 101660 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3662. Przegląd Prawa i Administracji 2015, 102, s. 167-184

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

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