نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Legiscritique is an approach to legal inquiry that places law’s justificatory structure at the center of legal knowledge. Conventional jurisprudence largely begins once law has been enacted, focusing on its interpretation, systematization, and application; the process through which a political decision becomes a binding legal rule therefore tends to remain outside legal analysis. This article asks how studying law as a structure of justification changes the subject and method of legal inquiry. Using a conceptual-analytical method within the framework of Legisprudence, it develops the notion of Legiscritique. On this account, statutory text is the condensed outcome of an evolving collective process of problem construction, reason-giving, choice, and exclusion of alternatives; the law’s justificatory structure is reconstructed through legislative materials, parliamentary debates, and arguments for and against the law. Without conflating formal validity with justifiability, this reconstruction reveals legislative absences, clarifies law’s justificatory identity, and enables critical assessment of its justification. Legiscritique neither replaces legal interpretation nor merely evaluates legislative arguments; it centers inquiry on law’s justificatory structure.
کلیدواژهها English