Q&A: Several Questions
Several Questions
Question
Hello, I’d be happy to get some help.
What is casuistic formulation?
What is abstract formulation?
What are detailed lists?
Thank you very much.
Answer
It’s not entirely clear to me what these questions are doing here. Clarifying terms is something you do with a dictionary, an online search, or with professionals.
In legal theory, people distinguish between two legal approaches: 1. A positivist approach, according to which the law is supposed to contain mainly rules, and the judge should derive conclusions from them about specific cases that come before him using logical-deductive tools. This is an approach characteristic of German law. 2. A casuistic approach, which makes use of previous cases and relies less on rules, and the judge works mainly by analogy. This characterizes British law (and the Talmud).
I am not familiar with the term “abstract formulation,” beyond its plain literal meaning. The same goes for “detailed lists.”