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The Continuous Need of the Judge in Surpassing Epistemological Obstacles and Overcoming Paradigms in the Construction of the Scientific Knowledge of Law

Abstract

Science goes through constant refutations. Generally, these refutations eventually cause science to evolve. It happens that there is no evolution without overcoming what Bachelard called “epistemological obstacles”. When the Judiciary modifies its jurisprudence there is a breakdown of paradigms. Therefore, Law evolves. The following article is about the need to constantly overcome the predicted epistemological obstacles, correlating with the change in the jurisprudence. Therefore, Thomas Kuhn’s work was also studied. The methodology used is bibliographical and analytical.

Keywords:
Epistemological Obstacles; Change in Case Law; Construction of Knowledge of Law

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