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Home » Archive » The Science Of Administrative Law, Juridical Method And Epistemology: The Roles Of Paradigms In The Era Of The Crisis Of Modernity

Fabrizio Fracchia
The Science Of Administrative Law, Juridical Method And Epistemology: The Roles Of Paradigms In The Era Of The Crisis Of Modernity
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This article discusses the relationships among science of administrative law, legal method and epistemology. Its aim is to assessing the results that epistemology has achieved outside the legal sector, in order to verify if, and to what extent, they might be used in this context. This essay assumes that the science of administrative law, apart from a few isolated voices, proceeds by utilising general and different models (“paradigms”) and employing them incessantly. Even in the era of the crisis of modernity, it appears very profitable to use the general approach, shaped by Kuhn and Lakatos, based on the idea of the paradigm: the science (and the legal one, too) is characterized by the application of these models to gain critical knowledge and solve riddles. As a matter of fact, if this approach undoubtedly serve to explain how science functions and progresses, it cannot be denied that the “truth” has to be present both as the final objective of the scientist, as well as an objective criterion for evaluating the science. In conclusion, this article expresses the idea that a theoretical filter which aims to be legal science, alongside its capacity to be used to solve riddles, has to admit and allow space for some residue of falsification, even if minimal.

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