Is law a science?

Is law a science? If so what is it that let's us define it as science and if it is not a science what kind of a discipline is it?


Would you like to answer or comment?

Sign up for a free account, or sign in (if you're already a member).
  • 447 views
Share Send to a friend Watch Report
 
 

Posted Answers

Order by
 
29 thumbs up

The answer depends on what you call a "science." For example, if we use a broad definition supplied by the OED ("a particular branch of knowledge or study"), then law certainly qualifies. 

If we adopt a more narrow definition of "science," (for instance, "results based on the scientific model") the answer gets murkier. Does law use the scientific method?

John Vielleux[1] argues that while the practice of law may not be perfectly scientific, there are similarities between the study of law and, say, biology. Legal decisions may not be universally applicable, but there is coherence in a specific body of jurisprudence. And although there are valid complaints about the political content of legal decisions, other sciences lack perfect objectivity as well.

Thomas Ulen[2] notes that law has historically emphasized "doctrinal scholarship:" the training of attorneys. However, legal scholars today are often doing interdisciplinary work, studying law using scientific methods from other social sciences (especially economics and sociology).

Further, Ulen points to a "growing disjunction" in law schools between doctrinal scholarship and scientific study of law. If this trend continues, we may see a separation between legal research and attorney training -- just as those who study business pursue PhDs in economics, but would-be CEOs earn MBAs.

 

[1]: John Villeux, "The Scientific Model in Law," 78 Georgetown Law Journal 1967 (1987)

[2]: Thomas S. Ulen, ""The Unexpected Guest: Law and Economics, Law and Other Cognate Disciplines, and the Future of Legal Scholarship." 79 Chicago-Kent Law Review 403 (2004)


Posted 2 years ago ( permalink )
In reply to drabsv's question
Rated as
Best Answer
0
2

Helpful?

line
line
line



 
66 thumbs up
If atheism is a religion, then health is a disease - Clark Adams

In general, science is a system of objective knowledge. More accurately, science is a system of acquiring knowledge based on the scientific method, as well as the organized body of knowledge that we have acquired by such research.

As such, Law is definitely not a science, not even a social science. Law is a system of rules to achieve justice.

 For more, you might want to look up wikipedia's entries on Science and Law.

 


Posted 2 years ago ( permalink )
In reply to drabsv's question
Rated as
#2 out of 4
0
1

Helpful?

line
line
line



 

Now that I've read these two answers it occurred to me what I actually wanted to know. I'd paraphrase my question this way:



is there a field which studies when, why and how formal or informal rules are actually working and when not? I.e. in what cases are they really being applied/ followed in an organisation, a whole culture or a whole society and in what cases aren't they. How can we make rules that really work?

So I am asking is there such a discipline as described above and if there is one is it a science? If there is such, is it discipline known as "law"?


Posted 2 years ago ( permalink )
In reply to seeker's answer
Rated as
#4 out of 4
0
0

Helpful?

line
line
line



 
66 thumbs up
If atheism is a religion, then health is a disease - Clark Adams

Hm,

 

Seems to me that what you're looking for falls under sociology, or perhaps political science (both  "soft" sciences).

 


Posted 2 years ago ( permalink )
In reply to drabsv's answer
Rated as
#3 out of 4
0
1

Helpful?

line
line
line



Sign in to participate

Got an answer for drabsv? Would you like to comment on the posted answers, or vote for the one which you think is the best?

Sign up for a free account, or sign in (if you're already a member).

Explore Related Questions

Other people asked questions on similar topics, check out the answers they received:


Is it leagle to own a peacock bird

is it leagle to own a peacock bird
Submitted by plyvghn5 3 months ago
  • viewed 186 times

Last answer posted 3 months ago by jake.brown


Legal Question

Why is Trial ready case adjourned?
Submitted by Kimber 6 months ago
  • viewed 283 times

Last answer posted 6 months ago by Aragon825


Broken lease

How many years later can a bill collector try to collect on a broken lease In the state of California?
Submitted by mark 11 days ago
  • viewed 19 times

Last answer posted 7 days ago by bill



» More...

Explore Related Posts in Forums

Logic vs. science and the myth that science isn't philosophy

and stamped as "the scientific method". If we say science isn't philosophy, we're saying science method. Ironically, logic is the basis of science... so advances in logic, necessarily have enormous

Science and philosophy

and it isn't philosophy. 2+2 always = 4, whatever way you look at it. Is science that objective? From another thread: Sorry, but no. Science doesn't work like that; it isn't literary criticism

Science and scientific method

to build a philosophy and science on the same basis. This proposed route to a kind of quasi-religious Hajira suggested that we ought to have a scientific model, data, and scientific methods of analysing
» More...
Powered by
Feed - Subscribe to changes to this Q&A Blog