I consider it important to carry out this work; We find ourselves daily with the problem that if law is a science or not, in order to define our position as jurists we have to be clear that it is science and that it is law as such, due to its transcendence in the social sphere.
There are authors who consider that the starting point should be the distinction between vulgar knowledge and scientific knowledge. The task of facilitating the learning of legal matters requires many preliminary approaches, among which is that of etymology. According to Peces Barba, it is a matter of obtaining criteria based on the etymological data and current vulgar language aimed at reaching the provisional concept of Law.
Those objects that represent interest for our cognitive activity and for which we seek an understanding that is reflective, systematic and orderly, is what is called episteme . In his Rhetoric Isocrates , he distinguishes two forms of knowledge: the doxa or mere opinion, and the episteme or knowing. The doxa : it is the immediate way in which we acquire knowledge about things, a preliminary idea about what they are and what they are for. That knowledge is fragmentary, superficial and lacking in depth.
The complexity of legal phenomena , the way in which they interrelate with the life of human societies, makes it almost inevitable that all disciplines that deal with the doing of man have a relationship with the legal. One of the first caveats that must be taken regarding the Law is that there is not a single episteme but several. Before starting to analyze law as a science, we must ask the following questions: What is Law? and What is science ?.
¿ IS THE LAW SCIENCE SCIENCE OR NOT?
The analysis that we will carry out in this work will lead us to many questions and contradictions on the part of the jurists inside and outside our country, on the one hand those who believe that law is a science because they are in constant change, there are other jurists that define law as a simple discipline. Let us begin to go a long way that will lead us to the true definition of Law.
Law can, like all the objects that make up the universe, be the object of a knowledge of a philosophical order that investigates what it is that in the legal field can be proclaimed with universal scope. It is a historical fact, at least in Western culture, the Law has given rise to the development of specialized knowledge that claims scientific hierarchy.
Having distinguished philosophical knowledge from scientific knowledge, it is now convenient to differentiate Science from the current that states that Law is not science, but pure Philosophy as -in front of knowledge- the student can adopt two attitudes:
- The scientific and, The philosophical.
The purpose of the Science of Law is to study, interpret and systematize a specific legal system. For Kant , legal science does not answer the question, quid ius? (What is to be understood in genere by Law) but to the question ¿quis juris? (which has been established as Law by a certain system). Corresponds to the philosophy of law to inquire about the foundations and assumptions such as the general essence of the legal, the nature of knowledge, the style of thought exercised by jurists, the ultimate meaning and the metaphysical justification of the data of law.
It is the philosophical discipline that aims to study the legal phenomenon in its entirety. Historically, the first form of philosophical reflection, on the legal, that appeared was the concern for justice and Natural Law , corresponding to the authors of Greek culture the first theorizations. The Philosophy of Law is defined as: “the methodical inquisition of the legal in its universal reality for its last reasons or foundations ”. The use of the expression "Philosophy of Law" only appears in 1778, Gustavo Hugo being the first to use it: later Hegel is the first to publish a work with that expression.
Certain authors agree that the Philosophy of Law includes these fundamental themes: the Legal Ontology or problem of the "essence" of Law; the Gnoseología Legal or problem "knowledge of the law, and deontology or Estimativa, which addresses the problem of the" end or ideal "of the law. The equivalent term in the English language "Jurisprudence" begins to be used with this sense in the work of John Austin in 1832. Norberto Bobbio, in his work Nature and Function of the Philosophy of Law, points out that the contents of the Philosophy of Law would be the following:
- Theory of Law or Legal Ontology : Among other topics, this part addresses the study of the concept and structure of Law, the being of Law in the political and social context that gives it life, the relationships and differences between Law and other regulatory systems, such as morality and the rules of social treatment. The study of the being of Law, is called for Del Vecchio Legal Gnoseology, for Miguel Reale Legal Ontoneoseology, for Julius Stone Analytical Jurisprudence and for Hans Kelsen, Fundamental Theory of Law. It is knowing what Law is in order to define it and clarify its concept: its fundamental problem is “determining the notion of Law”, and that it should not be confused with theGeneral Theory of Law, which would rather be a branch of Legal Science. Theory of Legal Science. Its thematic nucleus is formed, among others, by the problem of the scientific nature of Law, the situation of Law Science in the general panorama of current and fundamental scientific knowledge, the logical and methodological problems posed by practical or concrete scientific activity of jurist. It is a theory of legal knowledge or legal epistemology, a "critical reflection on the Science of Law" and "the study of the intellectual schemes used by jurists to create, interpret, complete and reconcile with each other the rules of a legal system " Theory of Legal Science: For Elías Díaz, “The legal axiology speaks, not of what the Law is (legal ontology) nor of how it is in fact here and now (Legal science), but as it should be, it does not refer, then, to being, but to what should be. Its purpose is the study of the generating and founding values of Law and the purposes that it seeks and wishes to achieve, as well as the critical-evaluative analysis of Positive Law and the rational discussion on the ethical values that one wishes to see reflected in Law, so that it is considered a fair right. Law ScienceThe Science of Law studies the legal order in its entirety, dealing only with positive Law, that is, with the norms that are or have been in force in different countries, to extract general notions that allow it to elaborate legal theories, concepts and constructions. As a consequence, legal philosophy had to be replaced by a scientific discipline whose methods coincided with those of naturalistic research. Legal science is relatively modern. In the last third of the last century, some authors (Bergbohm, Merkel, Bierling Ihering, among others), influenced by positivism and dazzled by the progress of the natural sciences, decided to eradicate from law any consideration of a philosophical or metaphysical nature.
Although all of them present the scientific and methodological characteristics, some authors consider that the General Theory of Law, due to the degree of abstraction it seeks to reach in its concepts, is beyond the scope of legal dogmatics. This orientation on the method of studying Law was called Legal dogmatics and has been developed by different schools with different denominations: Legal Encyclopedia (Dalloz, Filomusi), Introduction to the Science of Law (Legaz and Lacambra, Aftalión, Hüber Gallo), Theory General of Law (Merkl, Roubier, Case), Theory of Fundamental Legal Concepts (Bergbohm, Bierling, Somló) and Analytical School of Jurisprudence (Austin).
The Science of Law is assigned, mainly the study of the following topics:
- The Interpretation of Law: which consists of establishing the true meaning and scope of one or more legal norms. The integration of Law: by means of legal constructions for social relations not expressly provided for in Positive Law. Systematization: consisting of coherent organization and logic according to certain classification criteria of the set of legal norms. The Application of Law.
The Legal Technique: These are the special procedures whose observance allows a well-organized work that ensures better results, both in regard to the elaboration of the standards and in relation to their application. Other authors also consider as thematic nucleus:
-
- The Elements of Law, also called Fundamental Legal Concepts (subject, object, legal relationship, norm, etc.), and the problems that are linked to each of them.The problem of the Sources of Law (law, custom and jurisprudence).
In an initial panoramic form we can pose the forms of knowledge as follows:
| LEGAL KNOWLEDGE FORMS | |
| From a transcendental or philosophical point of view. | From an empirical scientific-positive point of view. |
| Philosophy of Law. | Special sciences. |
| Legal Bodybuilding. | Legal Sociology History of Law, Legal Anthropology, Legal Psychology. |
| Legal estimate. | Legal Policy. |
| Fundamental Theory of Law. | Legal Sciences. |
Thus, it is necessary to begin, by a summary exposition of the relevant ideas around the concepts of philosophy and science. The aforementioned scheme, in order to appreciate the different forms that legal knowledge assumes; formulates a clear distinction between Philosophy and Science, between scientific knowledge and philosophical knowledge.
HOW IS THE RIGHT DEFINED?
The Law: is normative and institutional order of human behavior in society inspired by principles of justice, which are the basic social relations that determine its content and character. It is the set of rules that regulate social coexistence and allow interpersonal conflicts to be resolved.
The study of the concept of Law is carried out by one of its branches, the Philosophy of Law. The definition initially proposed gracefully solves the problem of "validity" of the foundation of Law, by integrating the value Justice in its concept. The above definition gives an account of effective positive law, but does not explain its foundation; For this reason, jurists, philosophers and legal theorists have proposed various alternative definitions throughout history, and different legal theories without, to date, consensus on their validity.
In other words, if the proper procedure for its creation has been carried out, there is a rule that is fair or not. We can define the Law from an objective point of view as: "the set of laws, regulations and other resolutions, of a permanent and obligatory nature, created by the State for the preservation of the social order", without taking into account whether or not it is fair.
Law has traditionally been divided into the categories of public law and private law. This division has been widely criticized and is currently not as strong, because it is considered that within the legal system the differences between public and private are not so evident. Labor law is one of the most obvious exponents, it is in which the private relationship between worker and employer is strongly intervened by public regulations.
- The objective law can be defined as:
1) The set of rules that govern the coexistence of men in society.
2) Norm or set of norms that on the one hand grant rights or faculties and on the other; Correlatively, they establish or impose obligations.
3) Set of norms that regulate the conduct of men, in order to establish a fair order of human coexistence.
- The Subjective Law can be said to be: The power that a subject has to carry out certain conduct or refrain from it, or to demand from another subject the fulfillment of their duty. one subject versus another or other subjects, either to develop their own activity or determine theirs.
We can conclude that the law is a set of principles that are going to regulate human behavior, but the same rules will be modified by the same society, according to the needs that arise. After having defined the law from different edges, we ask ourselves the following question:
WHAT DO WE UNDERSTAND AS A SCIENCE?
The application of methods and knowledge leads to the generation of more objective knowledge in the form of concrete, quantitative and verifiable predictions referring to past, present and future observable events. Often these predictions can be formulated by reasoning and are structured in the form of universal rules or laws, which account for the behavior of a system and predict how the system will act in certain circumstances according to what is stated here, in Wikipedia, the free encyclopedia science is defined as:
Science (from Latin scientia, "knowledge") is a set of methods and techniques for acquiring and organizing knowledge about the structure of a set of objective facts and accessible to various observers .
The history of science is not only interested in the events after that break. On the contrary, it tries to trace the precursors to modern science until prehistoric times, despite the fact that the scientific method conceived in the scientific revolution based on the aforementioned is relatively recent. We realize that:
- After the fall of the Western Roman Empire (AD 476) much of Europe lost contact with written knowledge and the Middle Ages began. This long period of stagnation is also known as the "Dark Age. " The renaissance (fourteenth century in Italy), named for the rediscovery of the works of ancient thinkers, marked the end of the Middle Ages and laid a solid foundation for development. of new knowledge. Among the scientists of this time, Nicolas Copernicus stands out, who is credited with having started the scientific revolution with his heliocentric theory. In the West, the prelude to science was natural philosophy. It discredited experimentation as a method of validating knowledge, focusing instead on pure observation. One of the foremost natural philosophers was the thinker Aristotle (384 BC - 322 BC). The eastern world also developed its own scientific systems, being these far superior to their western counterparts for much of history.
The most prominent thinkers who shaped the scientific method and the origin of science as a system for acquiring knowledge include:
- Roger Bacon in England René Descartes in France and Galileo Galilei in Italy.
Although the scientific revolutions of the early 20th century were linked to the field of physics through the development of quantum mechanics and general relativity, in the 21st century science faces the biotechnological revolution. The recent history of science is marked by the continuous refinement of acquired knowledge and accelerated technological development, since the appearance of the scientific method. The modern development of science advances in parallel with technological development, mutually promoting each other. It arises as man gets closer to the phenomena that surround him, it is the exclusive creation of man. It is the ordered and systematic structure of knowledge. It is a method of approaching the world that can be subjected to human experiences. From here follows a series of scientific disciplines such as: Scientific disciplines
| Formal science | In contrast to the factual sciences, they are those that do not study empirical phenomena. They use deduction as a method of searching for truth: Logic - Mathematics |
| Natural Sciences | They include the natural sciences that aim to study nature. They follow the scientific method: Astronomy - Biology - Physics - Chemistry - Geology - Physical geography |
| Social Sciences | They are all disciplines that deal with aspects of the human being - culture and society - The method depends on each particular discipline: Anthropology - Demography - Economy - History - Psychology - Sociology - Human geography |
Scientists use the term model to refer to a description of something, especially one that can be used to make predictions that can be tested by experimentation or observation. A hypothesis is a statement that has not (yet) been well supported or has not been discarded. The terms model, hypothesis, law and theory have different meanings in science than in colloquial discourse. A physical law or natural law is a scientific generalization based on empirical observations.
Scientists generally use this word to refer to bodies of laws that make predictions about specific phenomena. The word theory is particularly misunderstood by ordinary people. The vulgar use of the word "theory" refers, wrongly, to ideas that do not have firm proofs or support.
Some scientific theories (such as the theory of gravity) are so widely accepted that they are frequently taken as laws. This, however, is based on an incorrect assumption about what theories and laws are: these are not rungs on a real ladder, but different sets of data. A physical law is a general proposition based on observations. Theories begin with empirical observations how water sometimes turns into ice. At some point, curiosity or the need to discover the reason for it arises, which leads to the theoretical / scientific phase. In scientific theories, this then leads to investigation, in combination with auxiliary hypotheses and others (see scientific method), which may then eventually lead to a theory.
Many hypotheses turn out to be false and therefore do not evolve. A theory is different from a theorem. The first is a model of physical events and cannot be tested from basic axioms. The second is a proposition of a mathematical fact that logically follows a set of axioms. One theory is also different from a model physical law of reality while the second is a proposition about what has been observed .
There are two categories of ideas that can lead to theories: if an assumption is not supported by observations it is known as a conjecture, on the other hand, if it is so supported, it is a hypothesis. Theories can become accepted if they are able to make correct, simpler, and more mathematically elegant predictions, they tend to be accepted preferably over those that are more complex. The process of accepting theories, or of extending existing theories, is part of the scientific method.
THE SCIENTIFIC CHARACTER OF LAW
History of Law as a science
Until Alfonso García-Gallo wrote his critique, made up of a series of observations that highlighted the problem of considering Law History as a historical science.In addition, he attributed the crisis in Law History to the strict application of the methods of General history to a discipline that had a peculiar nature, incompatible in a way with the methods and technique of its mother science Law was nothing more than a specialization of General History, so that the historical-critical method of historical science..
Becoming of the History of Law
To the immense work carried out by German historians of the 19th century, up to the present time. Historians of law consider it the moment when law acquires the category of science. Made a historical meta-analysis on the evolution of the History of Law.
The character of legal science
On November 25, 1952, it was the first time that García-Gallo attributed the character of legal science to the History of Law at the conference in tribute to Hinojosa, This would be the turning point that would mark the beginning of the debate of the historians of the Right over your own discipline. It would be García-Gallo himself, who would defend the substantive or essential character of the "persistence of the legal", separating himself from what until then was considered a mere adjective characteristic and proposes the rejection of dogmatic interpretation, which converted History of Law in a simple succession of systems.
Study object
The History of Law deals with the History of the formulation, application and comments of Law, and the history of the social institutions regulated by it. In this way, the history of the world of Law, obtained from legal texts, and the history of institutions, whether public or private, are integrated.
Material specification
The moral standard is said to be excluded. Regarding social uses, there is greater disagreement, despite the fact that most of the legal historiography is based on the distinction made by Ortega y Gasset between "strong" and "weak" social uses. There is no unanimity when it comes to clearly specifying the material scope of the History of Law.
However, it is an approach that has not completely solved the problem, since it would exclude from the History of Law legal fields as evident as international law because there is no valid coercive force to restore legality. There are many cases in which a coercive norm does not have any legal character, such as the norm that obliges you to stay within a canon of beauty. On the other hand, an attempt has also been made to establish the border of the legal norm based on its coercion.
Other authors go further, and provide a series of features that they consider unnecessary for the existence of legal matter. Thus, the consequences derived from the infringement of the norm that include "different and clear conduct of the offender, modifications in the social-legal rank or the satisfaction of a sentence" can be considered, in principle, as a legal norm. The majority position tries to distinguish the field of action of the History of Law within the norms whose violation is prosecuted by the social group organized through coercion.
Spatial specification
The first solid attempt to elaborate a supranational history of Law was made by Heinrich Mitteisin 1891, with its imperial and popular law in the eastern provinces of the Roman Empire. It should be noted that Mitteis's work would not have a fully universal character, but would take an intermediate position, in which it expanded the geographical scope to a supranational level, but did not cover a global History. Traditionally, the distinction has been made between the history of internal and external law. In this way, the usual object of the History of Law in each country is usually the national legal world. However, it has also been attempted to carry out a Universal History of Law. Here an attempt was made to make a comprehensive history of law using Roman, Greek, Egyptian sources, as well as to a lesser extent, using sources from Eastern peoples.
It should be noted that despite the fact that at present the History of Universal Law and Comparative Law are clearly differentiated, because the latter focuses on the analysis of current legal systems, there was a time when both disciplines were confused. We have inherited from the French comparative school the term "shocking analogies" (frappant analogies), which referred to similar legal situations between cultures and systems extremely distant from each other, both chronologically and spatially.
Today, the desire to elaborate a Universal History of Law poses the same problems as the projects to elaborate a general Universal History. Despite this, attempts to elaborate a History of Law with an increasingly supranational character have intensified in recent times. For example, rapid progress is being made in Europe thanks, among other things, to the creation of professorships in the History of Comparative European Law, or to the effort made by prestigious institutions such as the "Max Planck Institute for the History of European Law" by Frankfurt, or the Centro di Studi per la Storia del Pensiero Giuridico Moderno at the University of Florence.
The various historical events in stages
The periodification, or grouping of the various historical facts by stages, carried out by historians cannot be extrapolated as such to the legal world, due in part to the peculiar characteristics imposed by the different evolution of legal systems. In this way, within the History of Law, three methods of historical analysis have been defined:
- Historical or chronological method: Its analysis begins by making a separation of historical facts in different periods, and based on such a division, investigates the different legal systems. Systematic method: It establishes that the analysis must be started from a division of legal systems, to later place the historical fact in the corresponding stage.Mixed method: Similar to the chronological method, although its study starts from locating different stages for each branch of legal knowledge, so that it is not fully located within any of the previous methods, being thus the fruit of a syncretic approach.
The legal world has manifestations that transcend mere legal texts, so that the sources from which the history of law is nourished include any testimony that provides data on the legal reality of the moment. In this way, the sources have been divided into direct and indirect. The text of these tiles informs about a norm, which he says comes from God and Law 19-IX-1896. Sources of two natures are mixed: legal in relation to the law and ethical-religious in relation to God.
On the other hand, the historical-legal sources, at first, would make exclusive reference to the law. Throughout the following two centuries, a series of European scientific currents would include within the direct sources of custom, judicial sentences and legal doctrine.
Such attribution comes from the rationalist conception established in the 17th century. However, the first of these scientific currents would originate at the heart of the eighteenth-century Anglo-Saxon legal tradition, with such important doctors as Edmund Burke, who would include such concepts as "immemorial custom". Along with the inclusion of custom, it is also the merit of the Anglo-Saxon school for having included within the primary sources the judicial sentence, not only in the common law system, but to a lesser extent, in all legal traditions western.
On the other hand, throughout the 19th century, the German Historical School will develop, with Friedrich Karl von Savigny and Gustav von Hugo at the helm, a new approach to the legal world. In this way, their approaches would involve the inclusion of a new category of indirect historical sources, they will advocate linking the legal world with the "spirit of the people" (Volksgeist), in such a way that they included within the historical analysis the cultural manifestations that they might have relevance to law.
COMPARATIVE LAW
Such a denomination that has been considered unfortunate does not designate anything other than the comparison of different rights, the comparative method to legal disciplines. The sciences of purchased law do not belong to the framework of the fundamental disciplines as previously mentioned.
When you compare legal systems of the same people or of different peoples corresponding to different times, history of law is made. If the reference from one legal order in force to another, it is a simple procedure or study method.
The purposes of this method are various; among them, the best knowledge of natural law, its improvement; the study of
foreign legal systems; harmonization; a clearer vision of the problems of
history and the philosophy of law.
In Paris of 1900, it had as precursors Leibritz, Vico and Mostesquieu, some trends limit the comparison of legislation similarly, some schools affect internal legal relations and others in these and external ones. Finally we have the legal model:
The content of this study method (comparative law) can be used for some writers the same method in all branches of law, for others different procedures must be followed in different subjects. There is a wide variety of orientations, for example: Kelsen's Pure Legal Science model.
Kelsen: The Kelsenian normative conception of Law is the result of concrete historical circumstances, with the aim of making Law prevail with respect to political decisionism and the consequent legal insecurity and natural law, manifested at the time in continental Europe. In this way, it created a harmonious system, from which the applicator of the Law had to use only the norms, interpretations within the system itself, subsuming the fact in the norm. From his conception of the non-existence of Law in the form of isolated norms, he conceived it as a rational closed system, in which some norms are founded and receive validity from the existence and validity of previous ones, all of which gave unity, fullness and coherence to the whole.
The gaps or regulatory gaps either do not exist or are meaningless and the legal operator or the judge must be able to find in the regulations the solution of the case before them. As a result of such assertions, the "system" must be specified within the harmonic group and the only possible response to the case must be adopted, as a way of keeping the will expressed in the norm as intact as possible.
SCIENTIFIC INVESTIGATION AND ITS IMPORTANCE TO THE LAWYER
Essentially, modern scientific methods and results appeared in the 17th century thanks to Galileo Galilei. To the induction and deduction methods, Galileo added systematic verification through planned experiments, in which he used instruments of recent invention such as the telescope, the microscope or the thermometer.
Scientific knowledge has generally been transmitted through written documents. In this very brief introduction, we have presented the fundamental elements of science. These are object, method and communication, which allows the start of a new cycle. Pure science is distinguished from applied science in the search for practical uses of scientific knowledge and technology, through which applications are carried out. The categorization of science, with respect to social, is discussed. However, with the particularities of the object, to which the method must be adapted, the social sciences are a reality.
The Science of Law, like all science, is characterized by having its own object and method of studying that object. The knowledge elaborated with the respective study is systematized, like all scientific knowledge, giving rise to an ordered and easily confrontable knowledge by the respective scholars. The science of law is one whose object is law - understood as law in the broad sense. It is the discipline that studies Law.
The object par excellence of the study of the science of Law is Law. Those who observe it from the material, formal, legal, political, sociological, and even evaluative point of view, reach different conclusions. This raises the difficulty of the existence of various concepts. Today's own specialization has given rise to the science of law both for the study of National or Comparative legislation, as well as law in general. etc..
The methods used by the science of Law are: the sociological, the evaluative and the legal.
The legal method tries to analyze the Law in a purely legal way. The study of Law must be carried out with respect to the Law that is, although it regulates what it should be, that is, discarding ideas of an evaluative, sociological, political type, etc. This method has Hans Kelsen as its most extreme exponent. For the aforementioned author and his followers, Law is a normative science, nothing more.
The evaluative method is one that observes and pursues a definition of a political ideological type. The paradigmatic example of this method is provided by Article 16 of the Declaration of the Rights of Man and of the Citizen, approved by the French Constituent Assembly of 1789 which says that “Every society in which the guarantee of rights is not assured nor the determined separation of powers, lacks a Constitution ”
The sociological method is the one that emphasizes the real way of structuring the State and the functioning, in practice, of political institutions. It is opposed to the strict application of the other methods outlined.
CONCLUSION
- In the author's opinion, we can conclude this work on " Right a Science":Based on the fact that Law, like Science, is based on the application of scientific methods and knowledge that lead to the generation of more; objective knowledge, in the form of concrete, quantitative and verifiable predictions. These predictions can be formulated, reasoned and structured in the form of laws, hypotheses, theses and general principles that account for the behavior of a system and predict how that system will act in certain circumstances referring to past, present, future, palpable and observable events. It is unquestionable that law is one of the most important social sciences, sciences that, according to Kelsen: "They are as sciences as the so-called exact sciences, only that the social sciences are what they should be, whereas the exact sciences are causal sciences".Legal science does not usually properly comprise an entire system, but proceeds with further specifications and distinctions, considering a singular part of the system in question (public law or private law). But these divisions are not to be understood absolutely, the connections and interferences between the different branches being numerous, and the creation of new ones not being excluded. If we want to know the law in its logical integrity, that is, to know what the essential elements are Common to all legal systems, we must necessarily overcome the particularities of these systems, conduct research that transcends the powers of each and every one of the particular legal sciences.The definition of law constitutes precisely the first theme of the Philosophy of Law, so we can say that the science of Law has as its object the particular systems considered singularly for each people at a given time.
REFERENCE
- Escandón Alomar Jesús, Professor of Philosophy of Law University of Concepción. Law Review, Vol. XII, December 2001, pp. 168-174, ISSN 0718-0950. Jiménez Cano Roberto Marino, investigative work on Philosophy of Law, entitled “Conflict between Law and Justice Panama, April 25, 1998 ROSS, ALF, On Law and Justice, page 39. Eudeba, Buenos Aires, 1994. Tamayo and Salmorán, R. Law and the Science of Law. UNAM, Mexico, 1986, pp. 123-124. Fix Zamudio in Methodology, teaching and legal research. Mexico, 1995. Ed. Porrúa, the Science of Law as a scientific discipline that studies legal phenomena. Mexico, 1995.E. Díaz "Course on Philosophy of Law" . Mexico, 1995. M Pons, The Science of Law, a theoretical-practical and normative science inasmuch as it is from and about norms, describes, analyzes, interprets and applies norms. Madrid, 1998, p. 158. García-Gallo, History, Law and History of Law, ed. AHDE, 1953; obtained from Homage to Professor Alfonso García-Gallo, complete works, ed. Complutense SA, Madrid, 1996, ISBN 8489365679. Pérez-Prendes and Muñoz de Arraco, Course on the History of Law, ed. Complutense University, Madrid, 1983, ISBN 8460029824. Tomás y Valiente, Manual of History of Spanish Law, ed. Tecnos, Madrid, 2005, ISBN 8430910069 D'Ors, Law and common sense. Seven lessons of natural law as a limit of positive law, ed. Civitas, Madrid, 1999, ISBN 8447013278 Escudero José Antonio, Course on History of Law, Sources and Political-administrative Institutions, ed. Solana e Hijos, Madrid, 2003, ISBN 843984903 Barreto Vicente, Dicionário de Filosofia do Direito, Unisinos ed., São Leopoldo, 2006. ISBN 85-7431-266-5
BIBLIOGRAPHIC REFERENCE OF INTERNET
- See Web Page. «Http://es.wikipedia.org/wiki/ Law « See Web Page «http://es.wikipedia.org/wiki/ Science « Wikipedia. Science Wikipedia, The Free Encyclopedia, 2007. Available at: http://es.wikipedia.org/w/index.php?title=Ciencia&oldid=12079644>. Right. Wikipedia, The Free Encyclopedia, 2007. Available in
Gregorio Peces - Barba Martínez (Madrid, 1938) Spanish politician and jurist, one of the seven Fathers of the current Spanish Constitution.
Episteme is a general way of knowing or investigating, the way of reaching events.
(436-338 BC) Athenian orator, originally from the Attic demo of Erquia, where his father owned a workshop to make flutes. Thanks to the good financial situation of his family, Isocrates was able to enjoy an excellent education. During his stay in Thessaly, Isocrates had Gorgias as his teacher, whose doctrine captivated him.
Greek term that is usually translated by "opinion" and by which we refer to that type of knowledge that does not offer us absolute certainty, and which could not, therefore, be more than a reasonable belief, an "apparent" knowledge of reality. In this sense, Parmenides seem to use it, in distinguishing the "path of truth" from the "path of opinion", as Plato, in distinguishing, also opposing them, the " doxa " from "episteme", that is, knowledge apparent, (the knowledge of the sensible reality), of the true knowledge, (the knowledge of the true reality, of the Ideas).
The reality of law is not limited to its normative efficacy: The legal phenomenon constitutes a complex and multidimensional structure in which several essential aspects coexist.
Escandón Alomar Jesús, Professor of Philosophy of Law University of Concepción. Law Review, Vol. XII, December 2001, pp. 168-174, ISSN 0718-0950.
Immanuel Kant was born in 1724 and died in 1804, a German philosopher, considered by many to be the most influential thinker of the modern era. Kantian philosophy, called by its author Transcendental Idealism and known to us also as critical philosophy or "criticism".
The justice is the set of rules and standards that provide a framework for relations between individuals and institutions.
The Natural Law is an epistemological model of the philosophy of the right. It ranges from Greek philosophy to the triumph of the epistemological model.
In his work "Manual of Natural Law as a philosophy of Law" Gustavo Hugo makes law appear as something mysterious that comes from above as a positive norm; it raises the problem of how law originates, creating a legal superstition around it; "In law," he says, "everything is resolved by regulation from above."
Hegel (1770-1831) is the climax of German idealism. With a wonderful mastery of knowledge and with an incomparable depth.
Jiménez Cano Roberto Marino, investigative work on Philosophy of Law, entitled "Conflict between Law and Justice". Panama, April 25, 1998.
The Ontology Legal studies the subject matter of the legal system; it studies precisely the "legal being" in the human interrelation.
The Legal Gnoseology deals with the methodology and the ways of knowing the legal reality. For more information see Jorge Iván Hübner Gallo. Introduction to the Theory of Legal Norm. Mexico on Sep 25, 2007. Available at:
Branch of Law that deals with the basic philosophical foundations of Law as it is known today and the ideas that have made it evolve to our times.
Giorgio del Vecchio, the world famous Bolognese jusfilósofo, who was a character in the legal and philosophical world of Europe.
Miguel Reale (São Bento do Sapucaí, November 6, 1910 - São Paulo, April 14, 2006) was a Brazilian philosopher, jurist, educator, and poet.
Julius Stone (July 7, 1907 - 1985) was Challis Professor of Jurisprudence and International Law at the University of Sydney from 1942 to 1972, and thereafter a visiting Professor of Law at the University of New South Wales and concurrently Distinguished Professor of Jurisprudence and International Law at the Hastings College of Law, University of California.
See Introduction to Law. Civil and criminal legal order. Contractual and tort liability. Spain, January 26, 1999.
The science of Law constitute an organic set of disciplines that study in an orderly and systematic way that discipline called " Law "
ROSS, ALF, On Law and Justice, page 39. Eudeba, Buenos Aires, 1994.
It is a set of procedures necessary for the elaboration of the formal sources of Law and for its correct application. It consists of 2 types of operations: Elaboration of Law and Application of Law. Procedures for the Elaboration of Law: “Formulation of Concepts. Legal concepts are signs of the objects that comprise the Law. The ordering of the defined concepts leads to specifying their quantitative and qualitative value. 2. Legal construction. Systematic (they are limited to ordering and explaining existing forms); and Creators (give birth to new elaborations). 3. Forms: procedures and materials. It expresses by external signs the rules of conduct that constitute it ”.
See Díaz Castillo, Roberto. "Manual of Foundations of Law". I served the Central American press. 1975, p. 76.
See Bobbio, Norberto, General Theory of Law, translation by Rozo Acuña, E., Temis, Madrid, 1997.
Right." Wikipedia, The Free Encyclopedia. Oct 25 2007, 12:56 UTC. Oct 29, 2007, 8:19 PM
A subjective right is a capacity that a person has to do or not to do something, or to impel or prevent another from doing something.
Science. Wikipedia, The Free Encyclopedia; 2007 Oct 27 21:29 UTC. Available at:
Science." Wikipedia, The Free Encyclopedia. Oct 28, 2007, 09:23 UTC. Oct 30, 2007
The History of science is the field of history that studies the temporal development of the scientific and technological knowledge of societies
Rudolf Carnap (1891-1970), German philosopher (American nationalized), prominent figure in the philosophical movement called positivism or empiricism.
The word Theory derives from the Greek theorein, "observe." According to some sources, theorein was frequently used in the context of observing a theatrical scene, which perhaps explains why the word theory is sometimes used to represent something provisional or not entirely real.
"Theory." Wikipedia, The Free Encyclopedia. Oct 15, 2007 5:17 PM UTC. Oct 30, 2007, 4:57 PM
See for a better understanding of Tamayo and Salmorán, R. Law and the Science of Law. UNAM, Mexico, 1986, pp. 123-124: Law is Science because there are men (called jurists or jurisconsults) who are engaged in the study, analysis, investigation or description of something called Law and because there is a set of statements (result of the work of the jurists) which deal with something that is designated by the word Law, recognizing the analytical work on the phenomenon and the normative application result. For his part, Fix Zamudio in Methodology, teaching and legal research.
See for a better understanding of Ed. Porrúa, 4th ed., Mexico, 1995, devotes special attention to the Science of Law as a scientific discipline that studies legal phenomena. With a more inclusive approach, E. Díaz in his Course on Philosophy of Law. M Pons, Madrid, 1998, pg. 158, points out that the Science of Law is a theoretical-practical and normative science because it is of and about norms, it describes, analyzes, interprets and applies norms.
The first time that García-Gallo attributed the character of legal science to the History of Law would be at the conference in homage to Hinojosa.
The History of Law is the historical-legal discipline that analyzes the set of historical facts and processes related to the set of rules.
Theory of legal science: reflection on knowledge of Law and the scientific nature of legal disciplines.
Formulation of Jose Antonio Escudero, Course on History of Law: Sources and political-administrative institutions, ed. Solana e Hijos, Madrid, 2003, ISBN 8439849036, page 39.
Position of José Antonio Escudero in Course of History of Law, Sources and Political-administrative Institutions (page 22), ed. Solana e Hijos, Madrid, 2003, ISBN 8439849036.
Distinction from the Gottfried Leibniz, in Nova methodus discendae docedaeque jurisprudentiae, 1667.
It is the first solid attempt to elaborate a supranational history of Law was made by Heinrich Mitteis in 1891, with his imperial and popular Law in the eastern provinces of the Roman Empire. It should be noted that Mitteis's work would not have a fully universal character, but would take an intermediate position, in which it expanded the geographical scope to a supranational level, but did not cover a global History.
Ibid
The comparative law is a discipline or method of study of the law which is based on comparison of the various solutions offered by various legal systems for the same cases raised. It is not properly a branch of Law. For this reason, comparative law can be applied to any area of law, carrying out specific studies such as: comparative constitutional law, comparative civil law, etc.
Comparative Method, procedure of systematic comparison of analysis cases that. it is mostly applied for empirical generalization purposes.
Right, http://es.wikipedia.org/w/index.php?title=Derecho&oldid=12325824 (last accessed October 26, 2007).
Galileo Galilei (Pisa, February 15, 1564 - Florence, January 8, 1642), was a related astronomer, philosopher, mathematician, and physicist.
The Science of Law deals with the origin and evolution. of theoretical principles and legal norms.
The legal method does not end in deliberation, and on the other hand, although it is true that dialectics is the mode of theoretical consideration, we cannot lose sight of the fact that in the elaboration of law there is a theoretical moment (to all practical knowledge it precedes a speculative moment that will in turn be the basis of his conclusions.
The evaluative method is one that observes and pursues a definition of a political ideological type.
The sociological method is the application of research concepts and techniques to collect data and its treatment to draw conclusions about social facts. The first approach to its rules was made by Durkheim (1895) and it is essential to consider social facts as things and to be based on the principles of logic.
Download the original file
