Science of law

The law is a type of legal system that has the ability to establish and regulate the relationships that occur in a certain place or between several of them, it is a set of rules in a country. There are many disciplines that over the years have tried to explain all the characteristics related to law and this is how the science of law or jurisprudence arises .

Characteristics of the science of law

In the science of law it is possible to find a series of important characteristics that are mentioned below:

• The science of law is characterized, like other types of science, by using definitions , classifications and systems based on logical instruments to be able to construct a scientific aspect.
• It is methodical because for it to take place, it is necessary to follow a series of steps that include research , systematization and the transmission of knowledge of a legal nature.
• It has the ability to systematize , interpret and then create questions about the facts, behaviors, regulations and guidelines to validate their application in reality.
• It is based on the test, since it is considered that everything must be tested so that it can later be demonstrated.
• It is considered a system because all knowledge must be related and in order.
• It is a rational science and has to follow certain demarcation criteria.
• It must have originality .
• It is known by the name of jurisprudence .

Object of study

Its main object of study is related to the existence of a series of disciplines of a scientific nature that can study law without being part of dogmatics. It is a discipline that focuses its action on the study and discussion of all the possibilities that form the structure of the order so that in this way it is possible to develop a type of examination and scientific study of it with the aim of being able to explain its history and the role it plays within the social framework .

Elements of the science of law

The elements of the science of law are as follows:

• Interpretation of law : this aspect is based on establishing a series of true meanings related to the scope of either one or several legal norms.
• Integration of the law : in this case, the integration is carried out through a series of legal constructions which are used to study social relations that are not expressly exposed or foreseen within the field of positive law .
• The systematization : which is based on the ordering in a coherent and logical way that is in accordance with those criteria that are in charge of making a classification of the set of legal norms .
• Application of the law in all its fields.

Classification

The science of law or jurisprudence can be divided or classified into three types:

• Analytical jurisprudence : science that study dogmas and abstract principles of law today or in the past . It is a type of legal study that focuses on the logical structure of law, meanings and concepts to analyze the basic principles of current civil law. Study the sources of law , the types of rights and legal responsibility as well as their creation, transfer and subsequent completion.
• Historical jurisprudence : studies the evolution in the history of the principles of law that are part of the legal system, analyzing their origin and development. It addresses the scientific study of the origin and development of the principles of law and the evolution of fundamental legal concepts in primitive society .
• Ethical jurisprudence: Examines the principles of law , not as they are or have been in the past, but as they should be in an ideal state . Study the law from the point of view of its ethical meaning and its adequacy.

Methodology of the science of law

Certain types of methodology have been established to be able to analyze and study the history of law. These types of methodology are mentioned below:

• Legal method : this type of method has the function of being able to carry out an adequate analysis of the law seen from a purely legal aspect . Here, the study of law must be carried out with respect to the definition of law, although it regulates duty. It is important in this method to discard all ideas related to the evaluative , political , sociological aspect , etc.
• Evaluative method : this type of method is the one in charge of observing , analyzing and pursuing an ideological and political definition .
• Sociological method : in this case, the sociological method is the one that has the function of being able to give greater importance to the real way in which the State should be structured and also how it should function properly in practice and within the institutions policies .

Examples

Some examples from the science of law are mentioned below:

• Legal epistemology : it deals with the knowledge of the law and of elucidating it if possible, studies its form or structure, the ways of presenting itself in societies, and so on.
• Legal ontology : study what will be the object on which you are going to philosophize; which is presented before the knowledge that is applied to it, in other words, it has its own reality before being studied.
• Existential legal philosophy : it is based on the framework of anthropology, that is, it tries to highlight the relationship between man and legal reality.