Lainopillinen ja monitieteinen tulkinta tieteenrajat ylittävissä lain käsitteissä
Avainsanat:
lainoppi, oikeuslähdeoppi, laintulkinta, monitieteisyysAbstrakti
Doctrinal and multidisciplinary interpretation in cross-disciplinary legal concepts
The law contains concepts that are beyond the reach of the methods of jurisprudence. The doctrinal method alone cannot always interpret concepts at or across the border with other scientific disciplines. Those other scientific disciplines and research methods are needed to interpret such cross-disciplinary concepts and to find their content in law. As the limits of the doctrinal method have been reached, jurisprudence must be capable of multidisciplinary and interdisciplinary
discussion, a dialogue with other disciplines about defining the content of concepts and norms. The article introduces three case examples to illustrate the phenomenon. First, mental illness as a defence in criminal proceedings is a medical concept that requires medicine to define it. Second, the evaluation of abuse of insider information must refer to economics to define the rational investor. In the third example, competition law also needs economics to explain the concept of market power. Other scientific disciplines can provide help in interpreting the law. This should be noted in the teaching of doctrinal methods.
