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
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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
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