Teoría del Derecho entendida como Teoría Prudencial del Derecho
During centuries, law has been studied and understood under a human view. This way of understanding law used the argumentation, the topic, the rhetoric and the dialectics as working methods. The result was a plural and continuously in movement humanistic law. The situation changes in 19 century with...
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Main Authors: | , |
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Format: | Article |
Language: | Spanish |
Published: |
2017
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6754565 |
Source: | Derecho & Sociedad, ISSN 2079-3634, Nº. 48, 2017, pags. 79-91 |
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During centuries, law has been studied and understood under a human view. This way of understanding law used the argumentation, the topic, the rhetoric and the dialectics as working methods. The result was a plural and continuously in movement humanistic law. The situation changes in 19 century with the beginning of the iuspositivism movements with a focus in the study of law as legal frame. The result is a rigid, non-flexible and poorly adapted to judicial experience law. We understand that this situation must change and is urgent to combine science and prudence in order to be able to provide a Theory of law, that can be understood as a Prudential Theory of Law. This according to our understanding will enable the recuperation of a more flexible, plural and humanistic and above anything a fairer judicial experience. |
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