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36 Pravni Vjesnik 7 (2020)

handle is hein.journals/pravnivjsk36 and id is 1 raw text is: Tomas Gabris, COMPLIANCE AND RULE-FOLLOWING UNDER LEGAL UNCERTAINTY: TOWARDS A THEOLOGY-INSPIRED NEW.. 7 Tomd Gdbris* Original scientific paper UDK 17.023.6:34 DOI: https://doi.org/10.25234/pv/8401 Paper received on 19 March 2019 Paper accepted on 19 June 2019 COMPLIANCE AND RULE-FOLLOWING UNDER LEGAL UNCERTAINTY: TOWARDS A THEOLOGY- INSPIRED NEW LEGAL CASUISTRY Summary: A modern theory of casuistry has not been developed or paid much attention to in legal scholarship in Europe lately, since the partial failure of Viehweg to re- introduce the casuistic (topical) approach in 1950s. Yet, the related problems have not withered away and even today many legal professionals (attorneys and judges alike) still face the same dilemmas as already the medieval confessors and casuists did. This contribution thus ponders upon the question as to whether any new solid theory of legal casuistry - building either on the casuistry employed by theologians and confessors, or casuistry employed nowadays by ethicists, especially in bioethics - can be helpful to modern continental lawyers, who are used rather to systematic instead of casuistic thinking, but still either doubt the one-right-answer theory, or find themselves in a situation of legal uncertainty for whichever reason. Keywords: topics, casuistry, moral theology, compliance, uncertainty 1. INTRODUCTION The topic of mutual interrelationship between religion and law has been in the centre of attention of Western European and US legal historians for quite some time. It is thereby claimed that in the period starting from 1500, a peculiar combination of law and religion oc- curred, manifested in an explosion of treatises on moral theology, in which law and theology were closely intertwined. Indeed, members of various Catholic monastic orders authored trea- tises on legal issues approached from a theological, religious point of view. Thereby, mostly the issues of procedural law and contract law were seen as those that the moral theology was in- terested in, claiming that any confessor must take positive law into account when guiding the * Prof. JUDr. PhDr. Tomai Gabriz, PhD, LLM, MA, researcher, Slovak Academy of Sciences, Institute of State and Law, Klemensova 19, 813 64 Bratislava, Slovak Republic. E-mail address: gabris.tomas@gmail.com. ORCID: https://orcid.org/0000-0002-6862- 2688.

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