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Jurisprudence and necessity

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

In The Authority of Law Joseph Raz writes: Since a legal theory must be true of all legal systems the identifying features by which it characterizes them must of necessity be very general and abstract. It must disregard those functions which some legal systems fulfil in some societies because of the special social, economic, or cultural conditions of those societies. It must fasten only on those features of legal systems which they must possess regardless of the special circumstances of the societies in which they are in force. This is the difference between legal philosophy and sociology of law. The latter is concerned with the contingent and with the particular, the former with the necessary and the universal. Sociology of law provides a wealth of detailed information and analysis of the functions of law in some particular societies. Legal philosophy has to be content with those few features which all legal systems necessarily possess.
Original languageEnglish
Pages (from-to)173-200
JournalCanadian Journal of Law and Jurisprudence
Volume20
Issue number1
DOIs
Publication statusPublished - 1 Jan 2007
Externally publishedYes

Bibliographical note

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