General theory of law

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The General Theory of Law^[5] emerged at the end of the 19th century in Germany as a distinct approach to understanding legal systems, focussing on the positive law^[4] and moving away from metaphysical philosophical investigations. It aims to analyse fundamental legal concepts, methodologies of legislation and legal application, and to explore legal epistemology in different legal domains. As an intermediate subject, it bridges the gap between legal dogmatics^[1] and external disciplines through a comparative and multidisciplinary approach. Unlike legal dogmatics or philosophy of law^[2]It emphasises observable, verifiable phenomena and theoretical pluralism. Its scope includes the study of legal norms, sources of law, subjective rights^[3]The course is based on the study of the law, legal relations and various legal ideologies. The subject seeks to provide a comprehensive framework for understanding the structural and functional characteristics of law, employing an interdisciplinary methodology that distinguishes it from more narrowly focussed legal studies.

Terms definitions

1. ↑ legal dogmatics. Legal science emerged as a systematic approach to understanding law, distinguishing it from morality and other non-legal domains. Pioneered by academics such as John Austin and Hans Kelsen, it seeks to establish law as a scientific discipline with a normative structure. The field evolved from the philosophical approaches of the 17th-18th centuries, increasingly applying scientific methodologies to legal study. Kelsen's Pure Theory of Law represents a crucial milestone, emphasising the study of legal norms as distinct from political or moral considerations. Legal Science focuses on analysing positive law, examining legal systems, principles and rules through a systematic lens. It aims to provide a comprehensive understanding of law as a structured and rational discipline, investigating legal phenomena scientifically while maintaining a clear separation from the descriptive sciences. The discipline plays a crucial role in defining legal concepts, interpreting rules and supporting legal education and practice.

2. ↑ philosophy of law. Philosophy of law is a philosophical discipline that investigates legal concepts and systems, seeking to understand the essence, justice and morality of law. By examining the relationship between legal norms and societal values, it explores fundamental questions about the legitimacy and purpose of law. Key approaches include legal positivism, which separates law from morality, and natural law theory, which connects legal systems to ethical principles. Influential thinkers such as Hart, Raz, Kelsen and Dworkin have contributed diverse perspectives on the nature and function of law. The field addresses complex issues such as justice, human rights, legal interpretation and the interaction between law and social contexts. Contemporary philosophy of law also explores emerging challenges such as technological developments, legal pluralism and critical approaches that examine power structures within legal systems. By critically analysing legal concepts, it aims to deepen understanding of the role of law in society and promote fairer legal practices.

General theory of law (Wikipedia)

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A General Theory of Lawknown in other countries as general legal theory, general legal theory, general legal theory, general theory of law, allgemeine Rechtslehre (or allgemeine Rechstheorie), is a discipline dedicated to "analysing the fundamental legal concepts that are common to different legal systems or branches of law". In other words, it seeks to study the legal system in its entirety, from the observation of the various legal systems, thus defining the main axes of construction and application of the law.