Boundaries of the science of law - Essay on the legal dynamics

In the science of law, there are moments of epistemological tension when are discussed questions related to representations, to methods of interpretation as well as sources of law admitted in a majority at a given time. Behind these subjects, questions concerning the relationship between fact and law and the demarcation of boundaries in the science of law in regards to other approaches are also raised. This work tries to reflect, in terms of dynamics, the epistemological choices expressed nowadays in the science of law, and to highlight their effects on a pedagogical level. Through historical analysis of the construction of auxiliary sciences, of the reduction of sources of law and of the methods of the science of law, it has been possible to describe a contained dynamics to be known as « the dynamics of authority ». Then, relying on the critics on the interpretation and on the sources of law, we have brought out the evidence currently working for the emergence of a science of law wich has produced a new dynamics, to be named as « the dynamics of discussion ». From these considerations on, we have tried to build the new boundaries of this science of law, its main characteristics, and the methods of interpretation and learning that they could induce. As part of contemporary debates on the reform of the teaching of law, this thesis suggests finally the creation of a « Dynamic analysis of law » course concentrated mainly on the methodological aspects.