SHERP

법학의 과학성에 관한 시론(試論)
An Essay on the Scientific Character of Jurisprudence

Cited 0 time in webofscience Cited 0 time in scopus
Authors
김주영
Issue Date
2009
Publisher
서울대학교 법학연구소
Citation
법학, Vol.50 No1 pp.83-121
Keywords
과학성정상과학jurisprudenceWissenschaftlichkeitnormal sciencescientific character
Abstract
There is a wide spectrum in argument about the relationship between
jurisprudence and science. In one pole, jurisprudence is strictly distinguished from
science but, in the other, jurisprudence is fully included in science. Between
these extremes, there are some arguments that some parts of jurisprudence are
distinguished from science but some parts of jurisprudence are included in
science.
I think these various arguments have their origins in ambiguity in the meaning
of major concepts such as jurisprudence, science. In this article, I have inquired
the meaning of jurisprudence and science and their relationship by reflexivity.
In these days, the nature of science is generally defined by the scientific
character in research method. In other words, science is not general or specific
knowledge but the system of knowledge accumulated by scientific method. In
this context, the strict division between nature science and social science has no
meaning, so jurisprudence can be regarded as a part of science. In addition, we
have to make efforts to refine jurisprudence to meet the attribute of “normal
science” in Kuhnian sense. Some of these efforts are improvements in system of
legal concepts and activation of arguments for enhancement of scientific character.
ISSN
1738-1150
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10261
Files in This Item:
Appears in Collections:
College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 50, Number 1/4 (2009)
  • mendeley

Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.

Browse