Is the Cognition of Law Possible: ,,What is Law?‘‘ Nine theses with Commentaries Cover Image

Може ли право да се сазна: ,,Шта је право?‘‘ Девет теза са коментарима
Is the Cognition of Law Possible: ,,What is Law?‘‘ Nine theses with Commentaries

Author(s): Dragan M. Mitrović
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду
Keywords: The notion of law; Legal holism; Legal epistemology; Legal theory;

Summary/Abstract: The total cognition and final definition of law is beyond human capability. Law never coincides with its notion and definition, nor does the notion of law coincide with its definition. Real human ability to cognise and define the law is limited, and the limits are unreliable, and because of this the notion and definition of law, too, are always relative, subjective, and never quite truthful. But, if they are not truthful, they are ,,sound‘‘ when they are correct and practicable. Then, they are useful. Anyway, the development of law is none other than a contest between the most diverse theories and interpretations. Hence, instead of truthfulness one should strive for usefulness as the aim of the cognition and definition of law, in such a way as to define law conventionally, whenever this is possible. Even when there are many conventional notions and definitions of law, economy in legal communication calls for the application of just one or some of them. Nevertheless, it appears that the closest to the holistic nature of law and, consequently, the most suitable and most useful for its definition, is the one that is achieved by applying so-called ,,median‘‘ or ,,focal‘‘ definitions. This is because law, as a dynamic and purposeful holistic creation that extends in three realities, is completely filled with meaning and sense.

  • Issue Year: 50/2002
  • Issue No: 1-2
  • Page Range: 85-108
  • Page Count: 24
  • Language: Serbian