Degrees of Knowledge: Vulgar, Scientific, and Philosophical

Posted on Oct 28, 2024 in Social sciences

Degrees of Knowledge

Knowledge

Action based on individual experiences.

Degrees of Knowledge in General

These are the levels of reason and logic that a human being reaches in a particular subject at a given time and place. Within general knowledge, you can distinguish the following classifications:

  • Vulgar Knowledge
  • Scientific Knowledge
  • Philosophical Knowledge

Vulgar Knowledge

Knowledge that doesn’t explain the causes of phenomena but is based mainly on the sensible appearances of things through experience.

Features
  • Originates from the senses
  • Grounded in experience
  • Lacks logical methods
  • Naive, empirical, particular, and variable

Scientific Knowledge

Knowledge of phenomena by their immediate causes and the laws that express the regularity with which such phenomena occur.

Features
  • Safe and tested by experience
  • Limited and based on a particular science; each science has its own object of study

Philosophical Knowledge

Knowledge based on the ultimate causes of things, always seeking their essence.

Features
  • Autonomous; not supported by other knowledge
  • Universal; studies the universe as a whole and provides support to scientific knowledge

Degrees of Legal Knowledge

Like general knowledge, legal knowledge has the following classifications:

  • Vulgar Legal Knowledge
  • Scientific Legal Knowledge
  • Philosophical Legal Knowledge

Vulgar Legal Knowledge

The understanding of law held by non-lawyers. Simple knowledge that one has of the legal world.

Features
  • Voluntary, natural, and widespread
  • Lacks a substantiation base
  • Not verifiable in practice
  • Represents objective law itself

Scientific Legal Knowledge

The systematic knowledge of the law. Accurate knowledge of the legal world.

Features
  • Its main base is the scientific method
  • Partially unified
  • Safe and limited
  • Represents subjective right itself

Philosophical Legal Knowledge

Deeper knowledge of law, encompassing the fundamental concepts of legal values.

Features
  • Goes beyond the standard
  • Completely unified
  • Autonomous; not supported by other knowledge

The Science of Law

The study of positive law—the legal rules that have been or are in effect—to draw from this study outlines with which to develop theories, concepts, and legal constructions.

Characteristics
  • Practical: Scientists provide research results to legislators to approximate the fundamental purposes of the law.
  • Identifiable: Particularized and identifies its subject matter, which is the law.
  • Systematic: Research results are gathered and arranged to form a legal system.
  • Dogmatic: Legal principles are characterized by firmness.
  • Cultural: The object of study belongs to the world of culture.
  • Value-based: Lawyers must have a value scale for the objective meaning of the law.
  • Comprehensive: Should be easy to understand and apply.

The Philosophy of Law

The branch of philosophy that studies the first principles and ultimate causes of the legal order, through reason, to establish provisions for stable coexistence.

Topics of the Philosophy of Law

  1. Logical Subject: Studies and researches the law to define it logically, relating morality to law. Includes objective and subjective right, legal relationships, subjects of law, enforceability, punishment, coercion, and related concepts.
  2. Phenomenological Item: Examines law as a socio-historical phenomenon, observing its genesis, general features, and evolution.
  3. Ethics Issue: Determines the values law should contain, considering ethics, morality, and righteousness. Contrasts what law should be with what is practiced, opposing ideal truth to factual events.

Difference Between Legal Philosophy and Science of Law

  1. Philosophy of law concerns law in its entirety (positive and natural), assessing its principles, goals, and obligatoriness. Science of law studies historical positive law or regulations.
  2. Philosophy of law deals with pure values, while science of law deals with positive values.

Both can and should coexist as complementary disciplines.

Introduction to Law

A discipline for learning general notions of law.

Elements

  • Sociological: Law governs society.
  • Dogmatic: Institutions are studied systematically.
  • Philosophical: Studies and researches law in general.

Purpose

  • Educational in nature
  • Has no proper or exclusive object
  • Aims for a logical and didactic understanding of law in its entirety.