Sociología crítica del derecho y teoría jurídica en Hans Kelsen
Hans Kelsen did not avoid the controversy between his conception of the theory of law (which, it should be remembered, was based on the distinction that the science of law was a science that deals with the duty to be as opposed to sociology —including that of law— as a science of social being) and t...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2023
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8954355 |
| Source: | Revista de Estudios Jurídico Laborales y de Seguridad Social (REJLSS), ISSN 2660-437X, Nº. 6, 2023, pags. 327-349 |
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| Summary: |
Hans Kelsen did not avoid the controversy between his conception of the theory of law (which, it should be remembered, was based on the distinction that the science of law was a science that deals with the duty to be as opposed to sociology —including that of law— as a science of social being) and these anti-formalist currents of understanding the legal phenomenon and the science of law, introducing material elements into legal discourse. Kelsen insists on the idea that the legal phenomenon can be contemplated by different spheres or fields of knowledge, but that it is necessary to find a criterion that delimits the specific object of each of them. For him the science of law is a normative science —a science of the ought to be— while in particular the sociology of law is a science of the being of the juridical phenomenon. It is necessary not to confuse the normative and the factual coexisting in the multidimensionality of the legal phenomenon. |
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