Publication details
Teorie mezer a současné právní myšlení
| Title in English | Theory of Gaps and Contemporary Legal Thought |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | theory of gaps; gaps in the law; normative theory; legal interpretation; filling in gaps |
| Description | This article deals with the theory of gaps in the light of the paradigm of completeness of legal order which became one of the crucial ideas of normative legal theory represented by Hans Kelsen and František Weyr. The scope of this contribution is to show the brief overview of essential concepts that have been developed by the theory of gaps and present critical opinions on that issue in contemporary legal methodology. The major part of the text is endowed to an analysis of normativist critique on the theory of gaps in order to show its logical and practical weakness. Eventually, as a conclusion, the author presents his own view of practical effect and usage of the whole theoretical fiction of gaps. In this part, the author discusses mainly ideas of new legal hermeneutics and other contemporary authors. |