Philosophy of Law (2): Legal Science 1-What is the Philosophy of Law? مقالة

ملخص الجهاز:

In fact, this science limits itself to expressing so-called "legal propositions"—propositions that describe rules having an objective existence independent of legal science, whereas law itself is constructed from these very rules. Such an introduction allows for the understanding of how, despite the fact that law is constructed from "prescriptions," legal science can contain descriptive propositions. Furthermore, it cannot be said that this meta-science is the prescription of description, but rather it consists of expressing the characteristics that legal science must possess if it intends to be created based on a model inspired by the natural sciences. 4. Hans Kelsen's Conception The desire to construct a legal science based on the model of empirical sciences faces the significant difficulty that the subject of study for all empirical sciences is [external] realities, whereas law is a set of norms and not empirical data. Furthermore, he cannot accept the identification of norms with facts as traditional positivism did, which would regard a legal norm either as a command based on the threat of a punishment or as an expression of the possibility of a specific way of human behavior. This is because he does not accept the existence of a natural law and maintains that legal science only deals with the description and expression of mandatory norms and does not request or command obedience to them. Therefore, a legal proposition that expresses a norm is true if the intermediate norm exists in current law.