Book, Social Function of Legal Dogmatics 2/15[LS]

Legal dogmatics is seen as a way of thinking based on two basic postulates: the undeniability of starting points (hence the notion of dogma) and the requirement for a response to the problems raised. Through them, dogmatics performs important functions, by providing a stable congruence between different mechanisms of social control. Through known procedures, such as classifying, distinguishing, defining, adapting, it makes the conditions of the legally possible possible: it domesticates social reality, creates the conditions of normative meaning and makes binding decisions of Justice acceptable. Legal dogmatics is treated in this book as a typical way of thinking about law, whose closest roots date back to the 19th century, but which remains hegemonically to this day. Its objective, in addition to investigating its fundamental traits as a form of knowledge, seeks to clarify its relations with society, understood as a system of multifarious interactions, which forces the author to embark on an interdisciplinary vision, in which elements of philosophy appear. , sociology, anthropology, psychology, history and other sciences. The text begins with an overview of the origins, from Roman jurisprudence, through the elaboration of medieval glossaries and the systematic elaborations of the modern era, until arriving at the doctrinal elaborations of German pandectism, of the school of exegesis, which gave it its current configuration, to culminate in the study of the dogmatics of legal rules, their interpretation and current decision-making. Recommended work for postgraduate courses in Law, as well as basic reading for all those starting out in legal studies.