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Hacia una epistemología jurídica crítica: precisiones y distinciones sobre epistemología jurídica, métodos y metodología uri icon

Abstracto

  • The text starts from the following question: what methods, approaches and methodologies are relevant in law research? The development of the article presents some details about the notions of legal epistemology, methods and methodologies, distinguishing them but establishing the relationships between them. The results are developed based on the findings of the review of documentary sources, where the general objective was to determine the status of the discussion on methods and methodologies applicable to the law. From the analytical summary of the different sources elements are taken that allowed to describe different positions on the problem, to finally defend the hypothesis about the need for a critical legal epistemology. It is concluded that a notion of legal epistemology starts from the consideration that law is a science, with an object of its own study, which includes the methodologies proposed by the social sciences and that although the investigations carried out in law range from validity until effective, an investigation relevant to our times requires a look at what a critical legal epistemology would be.