Juristic topics in English legal theory: The 'topical' method of finding and legitimizing premises for the solution of 'hard cases' in the light of English legal theory

Abstract

The thesis deals with a theory of legal reasoning, 'juristic topics', which dominated legal discussion in Germany in the nineteen- fifties and sixties. It presents the main characteristics of juristic topics, and their historical and philosophical background. Moreover, the thesis examines some of the main theories and movements in contemporary English legal theory in order to judge their affinity to the approach of juristic topics. Stress is laid on the process of finding and legitimizing premises for the solution of so-called 'hard cases'. The thesis comes to the conclusion that besides the different legal traditions in common law and civil law, both juristic topics and English theories about legal reasoning, are concerned with similar problems. Moreover, some of the models about the English judiciary provide answers which can be derived from the same concept of legal rationality as juristic topics.