The scientific character of legal theory

Abstract

This article offers an answer to the question: under which definition of science is the study of positive law a science? In accomplishing its purpose, the author criticizes the understanding of law as a “sui generis” discipline and the related idea that the dilemmas faced by the Legal Doctrine are, by definition, only of domestic implications and interest. Instead, it is claimed that, as well as all scientific propositions, whether from exact, natural or social sciences or humanist studies, the propositions of Legal Theory are scientific, when verifiable. Verifiability in turn, depends on a) the discussion on positive national law being related to a general legal problem that surpasses the singularities of national jurisdictions; b) the degree to which the discussion has been exposed to examination by the specialists community able to exert a verification judgment; and c) the size of such an experts community.