Metamorphosis of Law: From Kelsenian Formalism to Experimental Dialogue

Abstract

This article aims to examine the limitations of legal formalism as a framework for understanding law and to propose experimental dialogue as a theoretical and methodological approach that connects normative legal analysis with transformations in social reality. The research adopts a qualitative, documentary, and theoretical-conceptual approach, employing analytical, historical-conceptual, and hermeneutic methods through a critical examination of the contributions of Hans Kelsen, Thomas Kuhn, Michel Foucault, Ilya Prigogine, and Isabelle Stengers. The findings reveal tensions between the methodological autonomy of legal scholarship, the power relations involved in the production of legal norms, and the need to understand the historical and dynamic nature of legal phenomena. On this basis, the article proposes a theoretical and methodological framework for experimental dialogue structured around three dimensions: recognition of the historicity of legal institutions, critical incorporation of socially marginalized forms of knowledge, and reflective assessment of the effects of regulation. The article concludes that experimental dialogue constitutes a complementary perspective to doctrinal legal research, contributing to a more critical, interdisciplinary, and context-sensitive understanding of law without undermining the autonomy of legal reasoning or conflating the formal validity of legal norms with their effectiveness and social legitimacy.