dogmatyka prawa karnego

12:37 Nov 28, 2013 

Nie jestem specjalistą ale wydaje mi się, że niniejsze fragmenty dobrze oddają różnicę pomiędzy legal doctrine a legal dogma:

"A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process soon enough it becomes established as the de facto method of deciding like situations."

Legal dogma: "the name of one of the branches of juridical science which consists in systematizing and making commentaries on the norms of the law in force, in providing interpretations of these norms, and in defining basic legal concepts. Thus legal dogma is the formal logical analysis of the law in force in order that the law be applied correctly and that the legislative process be improved."