Epistemological theories in the training of law students: constructivism, realism and positivism

Abstract

The influence of epistemological frameworks on legal practice is profound and incorporates a variety of philosophical traditions. The objective is to evaluate how the epistemological theories of constructivism, realism and positivism interact in the academic training of law students, and how these influence their learning process and professional development. Through a survey, the perception of the presence and relevance of these theories in their education was analyzed. The results show that positivism remains the most dominant approach in legal education, with 60% of students familiar with this theory and perceiving a strong influence on their training. Realism is seen as crucial by 65% ​​of those surveyed, who consider it fundamental to connect Law with social and judicial reality. However, constructivism has a limited presence, being the least recognized and integrated approach in training programs. Regarding learning experiences, the majority of students indicate that their training is mainly theoretical, although they recognize that practical activities, such as simulations and case analysis, are essential to understand the realistic approach. It is concluded that there is a significant opportunity for law schools to integrate the three epistemological theories in a more balanced way in their educational programs. Students demand a greater practical approach and a more reflective and participatory approach, while still valuing the importance of the clear and objective standards that positivism provides.