Theory of Law understood as Prudential Theory of Law
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...
| Autor Principal: | Puy Muñoz, Francisco |
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| Otros Autores: | Otero Parga, Milagros |
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| Idioma: | spa |
| Publicado: |
Derecho & Sociedad
2017
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| Materias: | |
| Acceso en línea: |
http://revistas.pucp.edu.pe/index.php/derechoysociedad/article/view/18976 |
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| Sumario: |
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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