Resumo

SALAS, Minor E.. Debate sobre la utilidad de la metodología jurídica: una reconstrucción crítica de las actuales corrientes metodológicas en la teoría del derecho. Isonomía [online]. 2007, n.27, pp.111-142. ISSN 1405-0218.

This article is divided into two parts: the first part explores some of the dominant principles recognized today in the field of Legal Methodology, and describes three main approaches: the first approach (regarded as "too optimistic") claims that legal methods are essential to obtain equitable legal conclusions. The second approach(considered "less optimistic") states that these methods -even though they do not help one to find the "one right answer"- are useful in forming more coherent and rational arguments. Finally, the third approach (regarded as "not optimistic at all") warns that legal methods rarely have a function beyond the mere legitimation of previously held decisions. The second part of the essay defends the central thesis that Legal Methodology has basically a symbolic function. It serves to persuade people -including jurists- that law is genuinely objective, rational, and just. In this sense, Legal Methodology acts as a form of consolation (a source of spiritual comfort!). Finally, this article presents the so-called "people scepticism" as a heuristic tool to interpret the legal and social world.

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