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Free scientific research


The free scientific research is a jusphilosophical school precursor of the jurisprudence of values, which defends basically that, in order to discover the origins of law's principles and rules, the interpreter's studies may have support on various "sciences" such as sociology, economics, linguistics, philosophy and theology, that previous law teachers had not used before.

Its main name is François Gény and there are others like Stamler and Eugen Ehrlich.

This school is also referred as the French school of interpretation and inherits aspects from Greek philosophy.

The free scientific intended to solve the contradictions of the exegesis school and improve the traditional juspositivism. One of its goals was to complete the "voids" of legal order fulfilling them with scientific elements, so denying law as the unique source of that order.

This thinking paradigm emphasizes the use of equity as source of the law.

The free scientific school has elements which have come from the philosophical school called the nature of things.

The free scientific school may not be identified to the natural law, they are different concepts. There can also be confusion between free scientific with free law. These two schools are not identical one to the other.

As said above, this school is a start in facing the challenges of adjusting juspositivism to a value-oriented paradigm.



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