engleski

Can theory be rescued? : A reconsideration of relationship between theory and practice in jurisprudence

The aim of the paper is to examine the relationship between legal theory and legal practice and to lay a foundation for further discussion of the relevance of theoretical concstructs for postmodern law. Introduction enumerates a set of contemporary developments in law and society that represent a challenge to legal science. The second part examines some of the dominant theoretical approaches, suggesting that theory of argumentation is the most appropriate device for bringing together legal theory and legal practice. The third part analyses the following problems, which have disintegrative and crippling effect on the practice of law: legal unity within the European integration, dilemmas of tort law, deficiencies of judicial decision-making from the point of view of jusification and clarity, current dilemmas of Croatian judiciary. The final section summarizes conclusions.

legal theory; legal practice; legal argumentation

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