Legal dogmatics

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Legal science has emerged as a systematic approach to understanding the law^[2]It distinguishes itself from morality and other non-legal domains. Pioneered by academics such as John Austin and Hans Kelsen, it seeks to establish law as a scientific discipline with a normative structure. The field evolved from the philosophical approaches of the 17th-18th centuries, increasingly applying scientific methodologies to legal study. Kelsen's Pure Theory of Law represents a crucial milestone, emphasising the study of legal norms as distinct from political or moral considerations. Legal science focuses on analysing positive law^[1]This programme examines legal systems, principles and rules through a systematic lens. It aims to provide a comprehensive understanding of law as a structured and rational discipline, investigating legal phenomena scientifically while maintaining a clear separation from the descriptive sciences. The discipline plays a crucial role in defining legal concepts, interpreting rules and supporting legal education and practice.

Terms definitions

1. ↑ positive law. Positive law represents a system of legal norms established by a state, distinct from universal natural law. It is culturally constructed, specific to a particular time and geographical context, and enforced by government authorities. Unlike inherent legal principles, positive law can change according to social needs and political developments. Theorised through dualist, monist and pluralist perspectives, it encompasses laws, regulations and normative structures valid within a jurisdiction. In Brazil, for example, it is grounded in the 1988 Constitution. The concept is characterised by its state-determined nature, variability and ability to define legal infractions. Closely related to legal positivism, it contrasts with natural law and alternative legal interpretations, representing a dynamic structure of social regulation that evolves with human social structures.

2. ↑ law. Law is a complex system of rules that regulate human behaviour through rights and duties, shaped by various social and cultural influences. Rooted in Latin and Sanskrit origins, it encompasses various legal families such as civil law and common law. The field largely distinguishes between public and private law, addressing corporate and individual interests respectively. Its foundations date back to archaic societies, with early codifications such as the Code of Ur-Namu and the Code of Hammurabi. Roman law significantly advanced legal systems, separating law from religion and morality, and developing sophisticated legal concepts. Modern law comes from multiple sources, including state legislation, international treaties and individual contracts. Courts and tribunals apply legal norms through interpretation guided by doctrine, custom and judicial precedent, reflecting the dynamic and adaptive nature of law.

Legal dogmatics (Wikipedia)

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A science of lawalso called legal dogmaticsis the main one among the legal sciences. In a broad sense, the term refers to the study of law with a view to its application, and, in a narrower sense, to the operation of law in a technological sense, with a view to the so-called "problem of decidability".

The idea of a science of law in its strict sense is usually associated with the legal positivismwhich, based on a distinction between fact e valuewould have sought to exclude or at least diminish the influence of the moral and values in law. In this sense, the science of law would be based on an objective and observable phenomenon and not on relative and subjective values.

The science of law is distinct from philosophy of law, from general theory of law and legal doctrinedisciplines which, despite their methodological rigour, do not depend on observation, verification e falsifiability with explanations based on a scientific theoryThis is the case with the science of law.

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