Methodological background[edit]

Law is complex from a methodological viewpoint. Its peculiar features

make its unique against the background of other sciences and
disciplines.
First, it is not only of a normative but also of a prescriptive nature. Law
says how people ought to behave or not, what they may or may not
require from others, and what they have to or have not to do if
someone ask for that. But normative statements in law are deprived of
a descriptive or causal character as opposed to normative statements
in empirical science (as a law of gravity) or even social science (as a
law of demand and supply in economics).
Second, there is no possibility of empirical verification of the contents
of law. Whether the law should or should not comprise precepts of
such-and-such import remains far beyond empirical proof. It is a
matter of choice.
Third, law is dependent on the shape of the physical world and the
limitations inherent in it. It cannot mandate behaviours which are
unattainably or force people to things which are beyond their
capabilities.
Fourth, law is fully contingent on humans and their minds. Without
humans and their mental operations it would be very difficult to speak
about the law, its enforcement and application.
Fifth, law agents, such as judges, advocates and officials, are
unspecialized in the sense that they lack some complex theories as to
good and evil, empirical and social science or justice (proper
distribution of goods/privileges and burdens in a society).
Sixth, the role of authority is prominent in law, while at the same time
in law there are not means which enable us to check the correctness
of authoritative statements (be they comprised in judicial opinions or
scholarly literature).
Seventh, the procedure in which law is authoritatively applied is very
specific. It is rigorous, precise, complex, casuistic and often very
formal. The outcome of such procedure is obligatory in the sense that
a judge cannot free himself or herself from passing his/her decision.
There are also very limited means for re-opening such procedure
when its once