The Epistemological Status of Juridical Theories: On the Definition of Juridical Scientific Practice

Positivism as natural law attributes to juridical theories an a priori epistemological status independently of their content. The elaboration of a juridical scientific practice leads to reconsidering the function assigned to theories. Given our present knowledge, the formulation of juridical theories and their confrontation with normative reality in order to test their validity constitutes the only option for an objective approach to juridical phenomena. Conducting such empirical tests requires the elaboration of specific discourses and practical rules in accordance with the respective contributions of scientific semantics and critical rationalism.