TY - CHAP
T1 - Jurisprudence and Necessity
AU - Priel, Danny
N1 - Publication details (e.g. title, author(s), publication statuses and dates) are captured on an “AS IS” and “AS AVAILABLE” basis at the time of record harvesting from the data source. Suggestions for further amendments or supplementary information can be sent to <a href="mailto:[email protected]">[email protected]</a>.
PY - 2017/1/1
Y1 - 2017/1/1
N2 - While on the one hand jurisprudence is evaluative because it requires distinguishing the important necessary features of law from the necessary but unimportant ones, on the other hand its findings are non-normative in the sense that they do not ask people to change their views about law. Legal philosophy aims only to make clearer and more conspicuous the concept people already have and in this way help their “self-understanding”. The legal philosophers have been aware of the fact that different societies have different attitudes for what counts as law, and often used such examples as the basis for criticizing competing accounts. The chapter considers an additional role for legal philosophy. This role is related to moral and political philosophy, and is familiar in the discussion of particular legal doctrines, but similar arguments, explanatory or normative, can be made at the level of law in general. © Michael Giudice, Wil Waluchow and Maksymilian Del Mar 2010.
AB - While on the one hand jurisprudence is evaluative because it requires distinguishing the important necessary features of law from the necessary but unimportant ones, on the other hand its findings are non-normative in the sense that they do not ask people to change their views about law. Legal philosophy aims only to make clearer and more conspicuous the concept people already have and in this way help their “self-understanding”. The legal philosophers have been aware of the fact that different societies have different attitudes for what counts as law, and often used such examples as the basis for criticizing competing accounts. The chapter considers an additional role for legal philosophy. This role is related to moral and political philosophy, and is familiar in the discussion of particular legal doctrines, but similar arguments, explanatory or normative, can be made at the level of law in general. © Michael Giudice, Wil Waluchow and Maksymilian Del Mar 2010.
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U2 - 10.4324/9781315085944-9
DO - 10.4324/9781315085944-9
M3 - RGC 12 - Chapter in an edited book (Author)
SN - 9781351542623
SN - 9780754628903
SP - 183
EP - 210
BT - The Methodology of Legal Theory: Volume I
PB - Taylor & Francis
ER -