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The Use of Scientific Methods to Study the Law - Coursework Example

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From the paper "The Use of Scientific Methods to Study the Law" it is clear that the instances of miscarriage of justice that have been cited demonstrate the fact that scientific analysis is not infallible and may not always serve the cause of true justice…
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The Use of Scientific Methods to Study the Law
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Download file to see previous pages Hence the study of law, when applied from a scientific perspective, will involve the discovery of those basic principles that remain unchanging and since science is based upon reason and objectivity rather than subjective or strictly moral aspects, the scientific approach will accord greater weight to facts and reason. Scientific methods involve the formulation of hypotheses that form the basis for experimentation in order to discover their truth. Similarly, the scientific study applied to the law must rely upon a study of the rules that form the basis of the law and their relevance in the human context is to be determined through precedents and judicial interpretation.
Dworkin subscribes to the view that the law is a seamless system within which there will be found a relevant solution for every possible legal problem2, conforming to the views of proponents of natural law, which uses a teleological framework to study the law. However, Aristotle states that it is man’s reason which motivates him to naturally live in communication with other men3. Natural law comprises man’s participation in the divine law and therefore, natural law postulates that there are some higher principles that exist, which are unchanging and they may be gleaned by man through the application of his reason.
Locke however, disputes this and he believes that man’s knowledge is completely fashioned by his experiences, following the empiricist pattern. Since the source of all knowledge is centred upon man’s experiences, the varying nature of those experiences – conditioned by the varying levels of perception, will determine the reliability and validity of knowledge and its degree of certainty. Some things may be certain based upon their cause being certain – arising out of the primary quality of the object, while some may be highly probable but not certain, “but this is but probably not knowledge.” ...Download file to see next pages Read More
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