Epistemological foundations of law: challenges and consequences in its teaching

A critical analysis of Salvi's multiparadigmatic model

Authors

Keywords:

Legal methodology, Philosophy of science, Legal education, Professional practice, Paradigms

Abstract

This paper critically analyzes La condición multiparadigmática del Derecho by Nicolás Salvi, exploring its epistemological and pedagogical implications. Traditionally, the philosophy of science has attempted to classify disciplines as science, technology, or everyday knowledge. While some disciplines must justify their scientific status to maintain academic recognition, Law enjoys a well-established social prestige. However, its epistemological status remains a subject of debate with practical consequences for its teaching and professional practice. Salvi proposes a multiparadigmatic model of Law, identifying three paradigms: the dogmatic-rationalist, the realist-empiricist, and the interpretivist-hermeneutic. His proposal suggests that Law is, at least in part, a scientific discipline, which has implications for how it should be taught in Law schools. This paper critiques Mario Bunge’s epistemological essentialism, which rigidly classifies disciplines as either science or technology, overlooking the interdisciplinary complexity of modern knowledge. The conclusion emphasizes that legal education should balance scientific and technical training according to social and academic needs.

Published

2025-07-31
سرور مجازی ایران Decentralized Exchange

Issue

Section

Dossier especial
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