Methodology and Method in the Jurisprudence of the XIXTH Century

Abstract

Methodology is a reflection that (any) science performs on its own procedures, on the forms of thinking and means of knowledge which it employs. That reflection is performed in parallel to the practical application of science; in this case, that of jurisprudence. Thus, the methodology of jurisprudence is always that of a particular jurisprudence, that of a specific legal system. So, methodology does not only explain how to proceed, but also begs the question of value and the possible success of certain methods. This paper brings into discussion the traditional methodology and its development in the field of the nineteenth century positivism. The aim is to consider the successes and the limits of their proposals in the context of nowadays value-focused jurisprudence