On the need for conscious positioning in legal theory

Abstract

This article examines the significance of various legal-theoretical schools for research across different branches of law. The author emphasizes that, in contemporary Bulgarian legal doctrine, methodological issues are often overlooked or regarded as the exclusive domain of general legal theory and the philosophy of law. The article argues that this perspective is mistaken and illustrates how different schools of legal thought offer distinct approaches to the interpretation and application of law within specific legal fields. In this context, examples from financial, banking, and criminal law are discussed, highlighting the role of a methodological framework as a guarantor of the scientific verifiability of legal reasoning and conclusions. The article concludes by stressing that its aim is not to evaluate research within specific branches of law, but rather to encourage scholars to reflect on the fundamental question of how they understand the law and approach it in their research.