oikeusteorinen

Oikeusteoreettinen is a Finnish adjective that translates to "theoretical" or "doctrinal" in relation to law. It refers to the study and analysis of legal concepts, principles, and systems from a philosophical or abstract perspective. Oikeusteoreettinen inquiry seeks to understand the nature of law, its foundations, its purpose, and its relationship to other social phenomena.

This field encompasses various approaches, including legal positivism, natural law theory, legal realism, and critical legal studies. Legal positivists, for instance, focus on law as it is enacted by legitimate authorities, separating it from moral considerations. Natural law theorists, conversely, argue that law is grounded in universal moral principles and that unjust laws are not true laws. Legal realism emphasizes the practical application of law by judges and the social and psychological factors that influence judicial decisions. Critical legal studies question the neutrality of law and highlight its role in perpetuating social inequalities.

Oikeusteoreettinen work often involves conceptual analysis, logical reasoning, and the examination of historical and comparative legal materials. It aims to develop a deeper understanding of how legal systems function, how legal rules are interpreted and applied, and how law can be improved. This theoretical dimension is crucial for legal education, legal reform, and the development of legal scholarship. It provides the framework for understanding the underlying logic and values that shape legal practices and institutions.