Tai on the Rule of Law and Legal Epistemology @TilburgLawNews

Eric Tjong Tjin Tai, Tilburg Law School, has published Rule of Law and Legal Epistemology at Legal Argumentation and Rule of Law 193-204 (E. Feteris, J. Plug, and C. Smith, eds., The Hague: Eleven, 2016).

Against the positivistic conception of law, restricted to sources of law, it is argued that doctrine and other materials are also relevant. Legal argumentation is based on legal knowledge, which is constructed not only with legal authorities but also with epistemic authorities, in line with the epistemological recognition of testimony as source of knowledge. This approach can accommodate the authority of non-binding texts, thereby contributing to a legal method for a multi-level legal order.

Download the essay from SSRN at the link.