Resumo

GUACHETA TORRES, Julián David  e  ROJAS TOLEDO, Johana. Legal Epistemology: Advent of Teaching and Profesional Exercise of the Science of Law. Justicia [online]. 2020, vol.25, n.38, pp.77-94.  Epub 05-Out-2020. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.3698.

Objective: The purpose of this article is to analyze legal epistemology, from the academy to the professional practice of the lawyer in Colombia, since it is a challenge in modern education to link the study of law as a science from an epistemological perspective, our legal tradition highlights methodological models that could transit between positivism and natural law, paradigms that guide the process of inquiring about the object of legal knowledge and must be constantly questioned. For the above, we used the analytical method and the documentary analysis technique to track theoretical background and statistics and to understand the current state of the teaching and practice of law. Within the findings, we observed that they put in doubt the models that are nourished by technical instruments and argumentation, which, in theory, allow the investigation of the legal phenomenon, ensuring validity and reliability in the result. However, the object of study of legal science involves law as normativity, social effectiveness and value of justice. We believe that the formalistic or dogmatic conception that considers the positive normativity in strict sense as the only object of study of legal science must be overcome.

Palavras-chave : Epistemology; legal science; methods; rationality; teaching; reason..

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