The Popperian Method In The Teaching Of Law

THE POPPERIAN METHOD IN THE TEACHING OF LAW

As Popper (1996) states "(…) Our knowledge is necessarily finite, while our ignorance is necessarily infinite". (p. 75). Over time man has tried to achieve knowledge;However, he is still far from being able to achieve it in its entirety. So that paradigm shift should not be surprised;of inductivism to falsificationism. The traditional inductive method lost validity because it gave general theories based on particular observations. Even when at first it seemed to respond to all the gnoseological demands that the human being was raised, it was not effective;since it was not possible to verify all existing cases, thus demonstrating that the universality of his postulates was unlikely.

In this way, at the beginning of the S. XX The systematic approach of Karl Popper will be presented that exceeds the crossroads of the scientific advance that, as mentioned above, failed to analyze each existing case. With this new perspective, the annihilation of science itself was avoided through an innovative method for verifying theories.

Indeed, the critical epistemology proposed by this philosopher, seeks the formation of knowledge based on the unresolved problems and analyzes all possible solution attempts to discriminate methods that have not been efficient. Falsionism proposed principles that questioned the criteria to demarcate the limits of scientific theories and establish a method that, through arguments and counterarguments, will help to reach the certainty of having a non -refutable argument.

In this way, the true scientific theories of pseudosciences will be separated. Under these postulates it is possible to make a critical estimate based on fundamentals that will be discussed, recurrently, with counterexamples until reaching the most ideal theory.

It is a fact that "falsification" or critical rationalism is opposed to logical positivism used as a focus in the legal field. It is well known that the study of law is based on the objective and comparable analysis of legal systems, since this composes a memorial and mechanical study. Indeed, the type of teaching of law has been subject to amplifying variations such as the motivation of student analysis;However, the innovation of teaching methods is still distant.

Taking into consideration the infallibility of judgment in the Popperian method and how effective it has been to discern the less refutable and better applicable failure, the following question is generated: is it possible to use falsificationism in the instruction of the law?

In view of the fact that the Popperian method has been characterized by being a critical process that invites the debate, the development of creative thinking, generating a superior analysis, availability towards new horizons and a better problem solving;For such reasons, it is affirmed that these procedures are the most suitable for the education of law. Therefore, the falsification of Popper, is applicable in the teaching methods of this career. Therefore, the applicability of the Popperian method in the teaching of law will be analyzed and explained, in search of proposing a new methodological process to enhance student’s skills in their decision -making, problem solving, fostering their critical position and optimizingHis performance as a professional future career.