Om begreber og analysestrategier – udkast til en refleksionsteori med særligt henblik på forvaltnings- og velfærdsretsområdet

The article presents a draft of a legal reflection theory on concepts. The purpose of the theory is to contribute to the analytical and strategic consideration in legal dogmatic projects, with special regard to the area of administrative and welfare law.

The procedure in the article is as follows:

First, the reflective method is explained in order to clarify the aim of the article. In continuation of this, the questions that a reflection theory must revolve around and provide tools to unfold and answer in order to meet the special legal dogmatic research interest are presented. The legal dogmatic research interest is characterized by a high degree of orientation towards practical issues. The theory of reflection must have an eye for this and for the conditions under which these issues arise. The concept of complexity seems to be an important concept in this context.

Next, various legal theoretical elements from a recent trend in Nordic legal theory are presented – in summary. In the presentation of the theoretical elements, their significance is defined, as emphasis is placed on showing the elements’ suitability for practice reflection on two levels: partly in relation to supporting the general articulation and understanding of the legal complexity. Partly in relation to supporting the possibility of working consciously and strategically with the fulfillment of some central legal / legal dogmatic sub-functions in relation to the handling of this complexity. Complexity today meets the legal dogmatist as a genuine analytical strategic challenge, which it did not necessarily do in earlier phases of legal and state development.

Finally, based on phase theory, a number of possible analysis strategies are presented. The sub-functions of the strategies in relation to the totality of the legal complexity management are clarified, as they are linked to the challenges of a different nature that the various phases of state development have brought with them. In the concluding summary, the author clarifies his own position in relation to the conceptual analysis strategies. It is an important point in the article that the different strategies should be presented in an equal way, as they – potentially – each one plays an important role in the overall handling of legal complexity. That is why they are often seen combined in legal dogmatic studies.