‘Ciencia’ del Derecho y normas jurídicas: problemas de jerarquía, de atribución de sentido y de referencialidad
The attempts to overcome the critics to the scientific status of the studies of legal norms that come from the modern conception of sciences constantly clash with a set of problems that these positivist criteria imply. In this article we describe three of these problems: 1. the relationship between...
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| Format: | Article |
| Language: | Spanish |
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2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5582528 |
| Source: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 8 (Abril 2013), 2013, pags. 165-184 |
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| Summary: |
The attempts to overcome the critics to the scientific status of the studies of legal norms that come from the modern conception of sciences constantly clash with a set of problems that these positivist criteria imply. In this article we describe three of these problems: 1. the relationship between general legal norms and the individual ones and the possibility of obtaining an explanation that does not subordinate the relevance of one of them to the one of the other; 2. the determination of the normative sense from the synchronic and diachronic perspectives and the obstacle of finding an absolute and invariable truth; and 3. the problem of the normative referent as long as the legal norm is conceived as a two-side entity composed by its formulation and its sense. As well as this, as a possible approach we will present legal hermeneutics as an appropriate method for a comprehensive study of norms that might overcome the problems that were pointed out and that would also conceive legal norms as texts to be interpreted in different contexts. In order to do so, we have selected two authors that take off from different initial assumptions but that arrive to certain similar conclusions: Lenio Streck andMauricio Beuchot |
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