Methodology of Criminal Law Theory: Art， Politics or Science?

Abstract

This book discusses whether criminal law theory, or in more general terms, general law theory can beregarded as a branch of science. The issues addressed in this book are following: Is the criminal lawscholarship which obviously informs the legal system itself a form of science, and in what sense? Canthere be systemic developments in criminal law theory?The issues concerning the nature of the knowledge of criminal law in the core areas of the field are ofcourse closely linked with issues concerning what legal science is more generally about. A reflectivediscussion in the field of criminal law on these issues may contribute to the general discussions in legaltheory, and also it serves the interest of understanding where criminal law theory stands when legalresearch is increasingly faced with challenges of interdisciplinarity.

Table of Contents

The Methods of Legal Dogmatics of Criminal Law From a Realistic PerspectiveShin MatsuzawaIn Defence of a Normative and Non-Scientific Legal SciencePetter AspOne Method, Two (Mandatory) PerspectivesThomas ElholmCriminal Law Scholarship ? Should It Be Able to Present Itself as Science?Kimmo NuotioHow Can Legal Doctrine be a Scientific Discipline? Methodological Groundworks for the NorwegianCriminal Law DoctrineJorn JacobsenThe method of (German) criminal law dogmaticsLuis GrecoLaw and ScienceEric HilgendorfRechtswissenschaft revisitedHeike JungCriminal Law Science: from Legal Technicism to Postmodern Legality. An Italian perspective.Massimiliano LanziTransformation of criminal law science in China: Description and DiscussionLiang GenlinThe Role of Philosophy within the General Theory of CrimeMichael PawlikList of Contributors