A modo de respuesta a la pregunta ¿Qué es el Derecho?

The text explores the evolution of law from its philosophical foundations to its contemporary application. It presents two approaches to legal research: the formalist approach, rooted in the Platonic-Aristotelian tradition, and the materialist approach, which emphasizes the substance of the law. While Plato argued that the essence of things exists beyond them, Aristotle maintained that it is intrinsic to their nature. In the legal field, law is distinguished as a social phenomenon—where norms are applied to resolve conflicts—from legal science, which systematically studies law through a heuristic approach. The Aristotelian tradition has influenced legal education through tools such as definition, classification, and logical argumentation. However, modernity has challenged this perspective, favoring a more experimental method based on observation and social analysis, as developed by Ihering in the sociology of law. The debate between the Autochthonous School and the Historical School in Germany exemplifies this discussion. While the former rejected Roman law as outdated, the latter advocated for its adaptation to new contexts. Ultimately, legal thought has evolved toward a more pluralistic perspective, recognizing the significance of historical and social factors in the interpretation of law.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
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article

A modo de respuesta a la pregunta ¿Qué es el Derecho?

Dialnet (Universidad de la Rioja)
Comparative constitutional jurisprudence studies
article

A modo de respuesta a la pregunta ¿Qué es el Derecho?

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Abstract

The text explores the evolution of law from its philosophical foundations to its contemporary application. It presents two approaches to legal research: the formalist approach, rooted in the Platonic-Aristotelian tradition, and the materialist approach, which emphasizes the substance of the law. While Plato argued that the essence of things exists beyond them, Aristotle maintained that it is intrinsic to their nature. In the legal field, law is distinguished as a social phenomenon—where norms are applied to resolve conflicts—from legal science, which systematically studies law through a heuristic approach. The Aristotelian tradition has influenced legal education through tools such as definition, classification, and logical argumentation. However, modernity has challenged this perspective, favoring a more experimental method based on observation and social analysis, as developed by Ihering in the sociology of law. The debate between the Autochthonous School and the Historical School in Germany exemplifies this discussion. While the former rejected Roman law as outdated, the latter advocated for its adaptation to new contexts. Ultimately, legal thought has evolved toward a more pluralistic perspective, recognizing the significance of historical and social factors in the interpretation of law.

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Comparative constitutional jurisprudence studies
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