De la „dreptul savant” la ştiiinţa dreptului. O perspectivă
epistemologică asupra cercetării în drept
From "the right scientist" to the science of law. A perspective
epistemological research on law
Author(s): Dana-Maria DiaconuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: scientific research; theory; methodology; legal phenomenon; observation; legal positivism
Summary/Abstract: Research in the field of law is an approach that had very motivations different, over time. Since the identification, by an intellectual effort, of the natural laws of men (to "translate" them into positive law, or to give a correct meaning of it) in order to create a methodology of judgment in law in the form of a general theory, valid for all the law,Law research has evolved from its pre-theoretical status to a real theory. The first part of this article observes this evolution. But what remains to be established about the nature of the current research in law, is whether we can identify an epistemological leap, a change of status, a transition from theory (not necessarily scientific) to theory scientist. The second part of the article highlights some epistemological theories of positivist bill that created the framework and set the conditions for law research can respond to the rigors of scientific research.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2012
- Issue No: 1
- Page Range: 56-74
- Page Count: 19
- Language: Romanian