JURISPRUDENCE DIALECTICS

by Shawn Mann

The book Dialectical Jurisprudence that is now presented offers an original vision of legal doctrine, or at least different from the predominant one in the West. His originality resides largely in the study method he uses; the realist dialectic. The pages of this book prove that the realist dialectical method works, and better than others, for the study of legal experience. It proves it empirically, not theorizing it, but putting it into practice, by explaining fundamental topics of legal experience such as "Law", "Justice", "Legal science", "legal phenomenon", "legal communication". ", the "legal values" or the "legal experience" itself. Thought in general and legal thought in particular are not made up of rigid, closed and watertight compartments. There is not a single way of knowing the legal experience, the Law, that is "good" and all the others that are of lesser category or even bad. Legal experience can be analysed, valued and regulated from different angles. They all have pros and cons. The dialectical perspective in general and the realist dialectic in particular adopted here is one more form, not the only one that enables and enriches legal knowledge. It must be valued because at least it notably widens the argumentative imagination of the jurist who knows it.

234 pages, Paperback

Published April 7, 2022