SCIENTIFICITY

OF LAW

MADE BY: KELLY ANAPAULA VIZCARRA CATARI

STUDY METHOD
It is the logical part that aims to study the specific methods of science and the general ones applicable to law.
Kelly Anapaula Vizcarra SCIENTIFICITY
Catari

OF THE
RIGHT
IS LAW A
LEGAL SCIENCE SCIENCE?
The science of law in its dogmatic inquiry
into law in its universality and necessity,
which constitutes the object of study of
philosophy

What does law need to be a science?

Y
THREE MAIN FEATURES:
E
FIELD OF STUDY
A
H
OBJECT OF STUDY
The object of study of law is the
Field of study would be the phenomena or normative and institutional
events that deserve to be analyzed, order of human conduct in
society inspired by postulates of
interpreted and observed from a legal justice, whose basis is the existing
perspective; therefore its main objective is to social relations that determine its
content and character.
achieve the
 THE SCIENCE OF LAW
Kelly Anapaula Vizcarra Catari

Because it sets forth

limited legal content,
HIS DOGMATIC conditioned by the
CHARACTER will of the legislator
as valid, reduced to
time and space,
situated in a section
of history.
 Also called theory of knowledge, it is a
branch of philosophy that studies the nature,
origin and scope of knowledge.

Material substrate and spiritual meaning of legal conduct, if law is one

of the sectors of the world of culture, it seems natural that everything
that philosophers of culture have said about understanding, as an act
THE SCIENCE OF LAW AS of knowledge peculiar to all valuable objects. Be applicable to legal
KNOWLEDGE THROUGH knowledge.
UNDERSTANDING

Methods; their dependence on objects and their classification. Nature

of the gnoseological acts that correspond to the different methods.
Rational deductive method and understanding. Inductive empirical
GNOSIS, EPITESMOLOGY AND method and explanation. Empirical dialectical method and
METHODS OF LEGAL KNOWLEDGE understanding.

The scientific nature of law, the scientific dimension of jurisprudence,

is today a value understood in daily life; precisely this understood
THE KNOWLEDGE OF LAWYERS AS A value, the fruit of common sense, is what is necessary to bring before
SCIENCE LEGAL SKEPTICISM the forum of philosophical reflection.
 ETHICAL ASSUMPTIONS OF
Kelly Anapaula Vizcarra
Catari
LAW

Technique and ethics ethical standards

and technical standards, is an
unprecedented work on human conduct
taken not as nature, but in its freedom.

CONDUCT: The BETWEEN is conduct in

normative MORALITY AND interobjective
disciplines that we LAW: The analysis interference, but
usually call Morals of the legal Morality is also
and Law refer to experience that we conduct, so that we
have carried out by can speak of law to
human activity, to
3 orders of encompass all
the actions of ingredients, the actions in the sense
men, to their work, peculiarities of the that there is no
conduct or law must be human action.
behavior. reflected in each of
FINAL SYNTHESIS these elements.
OF THE LAW AS A REALITY
DIFFERENCES OF CONDUCT: Law
 Kelly Anapaula
Vizcarra Catari
Values are peculiar ideal LEGAL VALUES
objects, which certainly have
a validity analogous to that

VALUES: are ideal objects

with their own validity,
although we can discover in
things, in those things or
behaviors that we consider
valuable.

of other ideas, but unlike

these they also possess The theory of values or estimation
something special that we has discovered a series of pure,
could call a vocation to be essential, rigorous principles and
realized. laws or connections of the same
kind with respect to them, the
laws of the formal relationship
between reality and values, the
existence of a positive value is a
positive value.
 POSITIVISM AND
Kelly Anapaula ELIUSNATURALISM
Vizcarra Catari

IUSNATURALISM POSITIVIST LEGAL POSITIVISM

HERITAGE TURNED INTO
LEGALISM

In the legal philosophy that As in logic and mathematics Legal positivism is understood
initially appeared and every analytical proposition as that particular conception of
dominated the field of legal would be inferable from a finite Law that links the legal
doctrines was natural law, for set of any sentences and phenomenon to the formation
this current it derives from the likewise observable sentences. of a sovereign power capable of
essence of man. Law is the sum Due to the different nature of exercising coercion; legal
of powers and prerogatives its premises because the positivism has its clearest
inherent or consubstantial to variables are not repeated and representative in Hans Kelsen.
the human being. the most they can be is similar
but not identical.

Secular Natural t Theological natural law: in the consolidation

Law: h
In the evolution of natural law, of the Roman canonical tradition in accident
a common thread can be e they converged as their own name, presents
perceived that allowed the the law as the will of God.
transition from theological to
secular natural law.
 RIGHT
(As science)
Kelly Anapaula
Vizcarra Catari

Law as a science is a way and instrument for

declaring and imposing the values that
predominate in society at a given time, which
offers a certain
THE SCIENTIFIC NATURE
arm .
THESIS OF MANUEL ATIENZA:
OF LAW: The questions
Epistemological according to LAW IS NOT SCIENCE BUT
the dictionary of the SOCIAL TECHNIQUE: The idea of
academy, is a part of jurisprudence is a technique,
technical research, says ATIENZA,
philosophy that studies the
does not try to explain an event
nature and foundations of THESIS DENYING THE but to study how a certain result
science and human SCIENTIFICITY OF LAW For can occur given certain
knowledge in general Kirchmann, "jurisprudence, like conditions. Law is conduct in
normative disciplines that any other science, deals with an interobjective interference, but
we usually call Morality and object that exists freely and Morality is also conduct, so that
Law refer to human activity independently without worrying we can speak of law to
to the actions of men, to about whether science exists, encompass all actions in the
their whether it understands it or sense that there is no human
whether it does not understand action.
it.
act, conduct e
behavior. i
t
h
e
r
 THE CONCEPT OF
Kelly Anapaula
Vizcarra Catari LEGAL NORMS OF
SCIENCE OF
RIGHT

A legal norm is a rule directed at the regulation of human

behavior prescribed by an authority.

THE LEGAL
STANDARD
ACCORDING TO
SCIENCE
LEGAL LOGIC AND THE
RULES AS JUDGMENT SCIENCE OF LAW
HISTORICAL SCHOOL

Since the research led to the verification that

Legal norms always lie or represent
It is the set of knowledge jurists always express themselves through a
human behavior that coexists and
individualizable by he object special kind of judgments called "norms", the
interferes with each other in logical
on which the an by the analysis of these monopolized our attention.
terms. Saying this is equivalent to
method used is d They were defined, as thought, as judgments
saying that norms are a concept,
based. and imputations, and as knowledge as a
that in norms there is a concept.
concept.
 THE LAW IN THE OBJECTIVE AND SUBJECTIVE SENSE

CURRENT LAW AS
LIVING HUMAN LIFE
IUSNATURALISM
THE CATEGORIES OF
NORMATIVE
HUMAN LIFE
FORMAL
AND MATERIAL NORBATIVITY

A legal norm is a piece of objectified human The normative and the

life that embodies a type of human action Normative propositions can be
that, after having been lived or thought about collective
of humanwithin
life in objectified established
by the subject, leaves a trace or remains in relation to all others
the subjects that produced it as a plan that products of this that are not next distinction
becomes a normative guideline supported by
legal power. The legal norm that dominated right, the right of classification, propositions of
the field of legal doctrines was natural law, for character normative form whose content
this current it derives from the essence of
normative and collective in has its origin in a human
man. Law is the sum of powers and nature, which means that the elaboration, that is, it has been
prerogatives inherent or consubstantial to the essence of the legal has not yet manufactured by man, the pure
human being. been sufficiently defined. and absolute principles of
morality.

USE OF THE WORD

THREE FORMS OF SUBJECTIVE LAW: Subjective law as a mere material reverse of a legal duty. Legal right as a claim. As a legal power OR A MERE
MATERIAL REVERSE OF A LEGAL DUTY Theological naturalism: in the consolidation of the Roman canonical tradition, they accidentally converged as
their own name, presents the law as the will of God.
 Justice is a the
conception fall
Kelly Anapaula that
era and civilization
Vizcarra Catari
CONCEPT OF has about the
meaning of its legal
norms
JUSTICE EOLUS

It is a value or measure to which human actions must conform. It is inherent to otherness, that is to say, what is
CHARACTERISTIC OF JUSTICE, executed by one is directed towards another. It is a permanent requirement to give each person his or her due, what
ACCEPTIONS AND DEFINITION corresponds to the principle of treating cases and methods in a formal manner; their dependence on objects and their
classification. Nature of the gnoseological acts that correspond to the different methods. Rational deductive method
and understanding. Inductive empirical method and explanation. Empirical dialectical method and understanding .

Law is the cultural instrument devised by people to guide their conduct towards a duty that allows them
to ensure social coexistence and their full personal fulfillment. Justice, with all the nuances that were
desired, occupies a very first place among the values that the law must have. The scientific nature of
JUSTICE AND LAW law, the scientific dimension of jurisprudence, is today a value understood in daily life; precisely this
understood value, the fruit of common sense, is what is necessary to bring before the forum of
philosophical reflection.

THE RIGHT AS JUST The analogy of attribution therefore requires determining what is the proper and formal
ANALOGICALLY UNDERSTOOD meaning or, in other words, what constitutes the unitive link that justifies the attribution of
rights by man to the remaining secondary realities. For the realistic conception, law has to do
with what is just, formally and essentially, with just conduct.
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YOU