Inca-Ñañez, K., Quiñones-Li, A., Cueva-Quezada, N., & De Piérola-García, V. (2026). Law: Logical or praxeological? A systematic
review of epistemic debate. Revista InveCom, 6(1), 1-9. https://zenodo.org/records/15250003
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nature of law. Furthermore, Robert Alexy and the doctrine of human rights have fostered a resurgence of natural
law ideas, which hold that law is not only rational and logical, but also moral, with an inherent moral content, as
argued by Guastini and others.
The works of Alchourrón and Bulygin introduce a sophisticated element into the debate by distinguishing
between judicial reasoning, which must be logical, and the content and origin of legal norms. It is important to
differentiate between the content of law and the process of judicial reasoning. This discussion has also involved
Kelsen, who has been criticized by Hayek as an enemy of liberal ideas, arguing that the Kelsenian view of law as
the sole source of law is contrary to liberty (Hayek, 1945). However, Von-Mises, a close friend of Kelsen, defended
his position (Scarano, 2004).
On the other hand, the debate also considers the idea that law is praxeological, that is, an unforeseen
product of social cooperation, rather than a logical system derived from reason. According to this perspective, law
emerges from human praxis and reflects cooperation between people. As the mechanisms of cooperation change,
cooperative strategies and legal institutions also evolve (Von-Mises, 2011).
Praxeology, as defined by Mario Bunge (1998), is a discipline that analyzes human actions based on the
formal structure of the description of the action itself, examining its logical structure a priori. This discipline focuses
on the sciences of praxis, that is, on human action, as developed by Ludwig von Mises (2012). However,
praxeology faces challenges when attempting to determine efficiency according to criteria such as Pareto and
Kaldor-Hicks, since the necessary information is practical, tacit, and subjective, and resides in the minds of millions
of users of the legal system, making it inaccessible in many cases (Posner, 2007).
Friedrich Hayek and Ludwig von Mises emphasize the importance of recognizing that the empirical
information necessary to construct economic theories is already available, but the problem lies in how to distinguish
between the different types of existing knowledge (Hayek, 1945). This raises questions about the methodology of
economic science and its application to the economic analysis of law.
On the one hand, there is scientific knowledge, which, while it occupies a prominent place in the collective
imagination, is not the only existing knowledge. It is a type of rational, organized, and, above all, accessible
knowledge. On the other hand, there is practical knowledge, dispersed in the human mind and which we apply,
even without realizing it, in a given space and time. It is subjective knowledge, since it belongs to each individual
and, most importantly, it cannot be transmitted except through the process of corporate discovery that depends on
market dynamics (Hayek, 1945).
Along the same lines, Kirzner (2012, cited by Kirat, 2012) mentions that every time a human being
performs an action, they seek to achieve a specific end. This process has logical implications: the individual,
among the few means at their disposal, selects one or more that they believe will allow them to achieve their goal
(Kirat, 2012).
Therefore, praxeology's interest lies not only in the ends of the action, but in the action itself, regardless
of the circumstances. This means that it seeks means, not ends, which is very peculiar to law, which focuses on
means, not outcomes. In this sense, praxeology focuses on the individual who acts. From this observation, it
generates principles and axioms that allow it to develop an analysis of the action process.
It follows that praxeology is associated with the Austrian School as a movement of economic thought
based on methodological individualism. For the Austrian School, social and economic phenomena are the result
of the actions and motivations of individuals.
Praxeology was first applied by Von-Mises (2011), who was convinced that people perform conscious
actions to achieve specific goals. For Von-Mises, human behavior has a valuable purpose, which is achieved by
resorting to certain means. By extension, if consumers act in accordance with their values, the sum of the value
scales of all individuals would be equivalent to the economy's supply and demand (Swain and Rogerson, 2021).
Furthermore, the Administration of Justice constitutes one of the most relevant institutions in a society.
Therefore, the State, through its institutions —such as the Administration of Justice— has the duty to develop pro-
justiciable strategies, with social responsibility being a strategy for sustainable development, horizontal
governance, and the protection of fundamental rights (Rojas, 2015).
Social responsibility encompasses a set of philosophical principles that govern human activity and is
defined as the set of practices and attitudes of public and private actors that seek to contribute to the common
good (Macedo et al., 2022). In this sense, it is necessary to identify stakeholders to develop political advocacy
strategies, which will allow society to have a positive perception of justice (Moscoso et al., 2020).
Bobbio (2020) considers that the social responsibility of the State includes the protection and promotion
of human rights and social justice (p. 52), so the State has the duty to guarantee the fundamental rights of