- Source: Free scientific research
In philosophy of law, free scientific research is a precursor of the jurisprudence of values. Free scientific research asserts that, in order to discover the origins of law's principles and rules, the interpreter's studies may have support on various "sciences" such as sociology, economics, linguistics, philosophy and theology, that previous law teachers had not used before.
Its main proponent was François Gény, others like include Stamler and Eugen Ehrlich. This school of thought is also referred as the French school of interpretation and inherits aspects from Greek philosophy.
Concepts
The free scientific school of thought intended to solve the contradictions of the exegesis school and improve the traditional juspositivism. One of its goals was to complete the "voids" of legal order fulfilling them with scientific elements, so denying law as the unique source of that order.
This paradigm emphasizes the use of equity as source of the law. The free scientific school has elements which have come from the philosophical school called the nature of things.
Distinction
The free scientific school may not be identified to the natural law, they are different concepts. There can also be confusion between free scientific with free law. These two schools are not identical one to the other.
Bibliography
Motte, Olivier J. (2001). "Gény, François". In Michael Stolleis (ed.). Juristen: ein biographisches Lexikon; von der Antike bis zum 20. Jahrhundert (in German) (2nd ed.). München: Beck. p. 236. ISBN 3406459579.
See also
Jurisprudence of concepts
Jurisprudence of interests
Philosophy of law
Legal positivism
Legal naturalism
Hermeneutics
References
Kata Kunci Pencarian:
- Scientific American
- Kehendak bebas
- Lokakarya
- Biologi tanah
- The Genesis Flood
- High Explosive Research
- Determinisme
- ChatGPT
- Psikokinesis
- Pronojiwo
- Free scientific research
- Scientific method
- Scientific misconduct
- Scientific and Technological Research Council of Turkey
- Scientific journal
- Free content
- Research
- Science
- List of scientific misconduct incidents
- Committee on Space Research