O empirismo jurídico: a escola histórica e os obstáculos epistemológicos à cientificidade do direito

Abstract

The main objective of this academic research addresses the study of the assumptions, the theoretical and evaluative foundations and possible epistemological obstacles of legal empiricism to legal science, particularly in view of the social reality of law. On the other turning, it recognizes the importance of the historical school of law as a transitional framework of natural law theory for legal positivism, and to promote the appreciation of the peculiar historical and spontaneous product every people. It uses as a theoretical doctrine of Karl Popper, assimilating two fundamental problems that underlie the theory of knowledge: (1) one can know more than we know? and (2) when a science is not a science? Indeed, in the empirical-legal-historical analysis, it investigates: factual statements that are based mainly on experience can be universally valid? In this way, through bibliographic search, the dialectical method and critical examination, intend to concatenate some possible reflections on the issues.