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Communication Dans Un Congrès Année : 2016

Cross-Disciplinary Approaches to Law : A theoretical analysis

Résumé

Current discussions on law’s methodology are marked with (relatively) new concerns about the necessity to include other disciplines in legal practice and in scientific legal research. As the invitation letter for this Conference suggests, three different levels are, at least, involved in the debate. a) The first one regards the contribution of other disciplines as a way to find better answers to practical legal questions or disputes. b) The second one regards the ways in which law, as an academic discipline, benefits from a cross-disciplinary perspective. c) The third one is mainly oriented on legal education. This paper focuses on the second level. Cross-disciplinary perspective to law is becoming a major topic in legal literature. Noting the failure of traditional legal methodologies to grasp the complexity of modern law, viewed as “law in context”, numerous authors are promoting new disciplinary approaches. However, they do not necessarily agree on the concepts to be used to describe or to prescribe an articulation between different scientific disciplines. Through an analytical method, this paper’s purpose is to identify and clarify some of the different epistemologies concerning the ways to connect legal science and other disciplines. Therefore, it aims at presenting the main concepts and typologies used to address the problem of the articulation of various fields of knowledge and associated methodologies, as well as their critics and limits. The issue of integrating other social sciences into legal science is related to central themes in legal theory. Thus, some developments will be made, for instance, about the definition of law as a scientific objet, the “correct” point of view to give an account of law, the possible specificity of legal approach, the conditions for producing a scientific discourse, the role and function of the legal researcher, and the interaction between the law and the social.
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Dates et versions

halshs-03604149 , version 1 (10-03-2022)

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  • HAL Id : halshs-03604149 , version 1

Citer

Balthazar Durand-Jamis. Cross-Disciplinary Approaches to Law : A theoretical analysis. Interdisciplinary Approach to Law in Modern Social Context 2016, 4th International Conference of PhD Students and Young Researchers, Vilnius University Faculty of Law, Apr 2016, Vilnius, Lithuania. ⟨halshs-03604149⟩
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