Complexity, legal formation and social transformation. Some notes

Abstract:

It is possible that a complex epistemology may be the approach to overcome the inadequacies of legal knowledge. Reflective, multidimensional, interactive, multidisciplinary and non-linear legal thinking is advocated. Taking this into regards, progress is evident. Hermeneutics has reformulated the concept of law, accepting that political principles are part of legal systems and that they are done with a creative-constructive method. On the other hand, a sociocritical paradigm claims to assume explicitly the ideology, dialectical unity between the theoretical and the practical, and a rationality which includes judgments, values and interests of all communities. Because of this purpose, legal science must be flexibly related to different conceptual frameworks and to grasp the historical conditions that come together when it comes to investigating what law 'is'. Finally, it is emphasized that the assumption of this complex epistemology depends profoundly on the training received by lawyers.

Año de publicación:

2017

Keywords:

• Legal knowledge
• social transformation
• Sociocritical paradigm
• Complex epistemology
• Hermeneutics

Fuente:

scopus