Sobre los modos de conocer el Derecho: o de cómo construir el objeto jurídico

Abstract

We start from the thesis that we cannot establish a radical division between the law and the theory which studies it as the main objective. All the theory of law, as much the dogmatics as the one which means the application of the social sciences, is in some way participator in the creation and recreation of what in the society is lived as law. The criteria would be the one of the predominance that the respective theory will possess about the social conformation of the law. From that thesis different consequences are extracted which are the last unit between theory and praxis in the legal field : the possibility of an intersystematic reading of the lawful speech of the law, the improbability of a real « external point of view » about the law and the necessity that the sociology of law looks at itself as part of its inspection of the law and the social factors of production.