SCIENTIFIC PROCESSUALISM AND “METHODOLOGICAL PHASES OF THE PROCESS”: THE ERISTIC TACTIC OF THE SCIENTIFIC ADJECTIVE AND THE “NEW METHODOLOGICAL PHASES”

Abstract

The essay has as its theme the investigation of the meaning of the adjective "scientific" within the "scientific" processualism as well as the content of the "new methodological phases". The investigation is delimited within the Legal Science and its tripartite division. The objective is to demonstrate that the adjective “scientific” is not related to the methodological requirements from Legal Science. The existence of methodological phases is questioned. The hypothesis is that the adjective “scientific” and the “new phases” were used, respectively, as a discursive strategy to disqualify a theory with different epistemological bases and to claim for the “new” phases an authority that is not justified.

Keywords

• scientific proceduralism
• legal science
• legal dogmatics
• methodological phases
• philosophy of science