법학의 과학성에 관한 시론(試論)

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.