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Legal Narrative and Legal Disagreement

Mgr Marta Dubowska, Dr hab. Adam Dyrda

Jagiellonian University in Kraków

Abstract: What is the relationship between general legal theories and legal narratives? In this paper we aim to problematise this relationship in the context of different legal disagreements. As we see it, the Dworkinean category of “theoretical disagreement”, which basically refers to the phenomenon of disagreement “about the grounds of law” (between different general legal theories) is not sufficient to cover all substantial disagreements that appear in legal practice. Thus, we propose a category of “narrative disagreement” which has a wider scope. Eventually, we discuss the thesis of a possible equality of legal theories, as well as legal narratives, which we understand as an inevitable consequence of the relationship between legal theories/narratives and a special type of evidence on which they both rely: truisms about the law that laymen and/or legal professionals generally share.

Keywords: general legal theories, legal disagreement, theoretical disagreement, narrative disagreement, legal narrative, legal truisms

Language: English

Received: 26.12.2017
Accepted: 26.01.2018

Published: Number 2(17)/2018, pp. 47-59.

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Filed Under: Articles Tagged With: Adam Dyrda, general legal theories, legal disagreement, legal narrative, legal truisms, Marta Dubowska, narrative disagreement, theoretical disagreement

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Keywords

administration of justice natural language Paweł Polaczuk positive responsibility inheritance law public reason moral luck multilingualism of law They Live Krzysztof Goździalski fairness ritual cognitive bias punishment dialogical cosmopolitanism judicial reasoning reflexive law coherentism honorary judge regulation of liberty environmental protection law bartłomiej dębski Przemysław Kaczmarek constitutional awareness militant ethnocentrism interpretation of law legal education security service difference objectivism factual model nonpositivist concept of law economic theory of law Russian law Polish Supreme Court criminalization of commercialization of trade in organs theory of the institution professional responsibility of lawyers Divine ethics Wojciech Engelking requirements for justification moral reasoning identification of procedural acts pandemic lawmaking truth revelation procedures lay judge therapeutic jurisprudence Paweł Jabłoński British Critical Legal Conference

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