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By Carl Schmitt

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It constitutes a “metadiscipline”, similar to theory of science (cf. ). It is not a part of legal dogmatics but a theory about legal dogmatics and legal decision-making. It thus does not interpret legal A. V. 2008 13 14 1 The Dilemma of Legal Reasoning norms but includes a theory of their legal interpretation. Consequently, it has a specific method, closely related to philosophy. This part of jurisprudence contains the following. 1. A description of the legal method. g. statutory analogy, and argumentum e contrario; - various legal methods, such as literal, teleological and historical interpretation etc.

The similarities are, however, far deeper than the differences. The central part of jurisprudence, on the other hand, has another object of research and another method. It constitutes a “metadiscipline”, similar to theory of science (cf. ). It is not a part of legal dogmatics but a theory about legal dogmatics and legal decision-making. It thus does not interpret legal A. V. 2008 13 14 1 The Dilemma of Legal Reasoning norms but includes a theory of their legal interpretation. Consequently, it has a specific method, closely related to philosophy.

Mentions also security. , Ch. 1 Sec. 1 par. 2 of Regeringsformen). On the other hand, it does not imply either the citizens’ equal ability to participate in politics or their economic equality. c. The third way to justify the majority rule is, what follows. Political views compete with each other and it might be practically impossible to prove which is the right one. A majority decision is then a good means to achieve a peaceful solution. (According to Kelsen 1929, 101, democracy thus is a consequence of value relativism, though an objectivist can also be a democrat).

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