Legal doctrine: Which method(s) for what kind of discipline?

Abstract

This paper analyses the status of legal doctrine. Starting by examining the historical aspects of the discipline, emphasis is put on its argumentation rather than  its scientific characteristics. The author then asks whether the influence exerted by the developments of positive sciences over legal doctrine provide an adequate basis for the latter to be considered a “scientific” discipline in itself. Outlining the different  conceptions of legal doctrine, the author proposes to define it as an “empirical-hermeneutic discipline”. He claims that the notion of interpretation remains at its core. Finally, the author describes the similarities between legaldoctrine, including its methodology, and other scientific disciplines. In conclusion, he outlines further topics for debate and further research.