Science of law

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Legal science, or legal dogmatics^[1]is a branch of legal studies focussed on the systematic understanding and application of the law. law^[2]. Pioneered by scholars such as John Austin and Hans Kelsen, it seeks to examine legal norms and human behaviour through a scientific lens. Kelsen's Pure Theory of Law aimed to create a normative science that analysed legal systems objectively, distinct from political or moral considerations. Although some scholars such as Julius von Kirchmann have questioned the scientific nature of law due to its inherent variability, legal science continues to develop through various approaches, including sociological and analytical perspectives. It emphasises the understanding of legal norms, their relationships and their application, distinguishing itself from legal philosophy and general legal theory. The discipline endeavours to provide a structured and systematic approach to understanding legal structures and their operating mechanisms.

Terms definitions

1. ↑ legal dogmatics. Legal science emerged as a systematic approach to understanding law, distinguishing it 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, examining 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.

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.

Science of law (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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