Exploring the Jurist's Frame of Mind

This book is unique as it tries to gain insight into the frame of mind of jurists in civil law. To this end, it explores eight typical characteristics of arguin... » 

This book is unique as it tries to gain insight into the frame of mind of jurists in civil law. To this end, it explores eight typical characteristics of arguing and reasoning in civil law. All characteristics contribute to revealing the enigma of the frame of mind, not through a step-by-step deduction - that is simply impossible -, but through experiments of an intuitive, exploratory, or even cubist nature. Each chapter describes one such experiment. In conclusion, a new way of arguing and reasoning in civil law is advocated: less dogmatic, more international, more open to balancing the interests and values at stake, and also more willing to integrate socio-legal and legal economic insights and arguments. «