JURIDICAL REASONING AND SCIENTIFIC METHOD: A THEORETICAL TAXONOMY OF THE PARADIGMS AT STAKE
Abstract
The paper investigates the possible ways to understand the relation between, on one side, the area of legal study and legal reasoning and, on the other, the area of scientific study and method. At this regard, I propose a theoretical taxonomy of the paradigms at stake, indicating some of its historical manifestations. I conclude that we can speak of “legal science” when two characteristic elements occur – the objectivist attitude and the appeal to a pure and geometric rationality – and I argue that it is undesirable to entirely abandon such dimension of the legal discourse, although with some indispensable precautions.Downloads
Download data is not yet available.
Downloads
Published
2016-05-09
How to Cite
Perona, R. (2016). JURIDICAL REASONING AND SCIENTIFIC METHOD: A THEORETICAL TAXONOMY OF THE PARADIGMS AT STAKE. IUS ET SCIENTIA, 2(1), 121–134. Retrieved from https://revistascientificas.us.es/index.php/ies/article/view/13215
Issue
Section
Artículos
License
Those authors being published in this journal agree to the following terms:
- Authors retain their copyright and they will guarantee to the journal the right of first publication of their work, which will be simultaneously subject to license recognition by Creative Commons that allows others to share such work provided it is stated the author’s name and his first publishing in IUS ET SCIENTIA.
- Authors may take other non-exclusive distribution license agreements version of the published work (e.g. deposit in an institutional digital file or publish it in a monographic volume) provided it is stated the initial publication in this journal.
- It is allowed and encouraged that Author s disseminate their work via the Internet (e. g. institutional digital files or on their website) prior to and during the submission process, which can lead to interesting exchanges and to increase citation of the published work.
Views
- Abstract 82
- PDF (Español (España)) 130
