Defending the possibility of a neutral functional theory of law

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis.
Keywords Philosophy of Law  Functionalism  Methodology  Jurisprudence
Categories (categorize this paper)
DOI 10.1093/ojls/gqp001
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive Kenneth M. Ehrenberg, Defending the possibility of a neutral functional theory of law
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Timothy A. O. Endicott (2001). How to Speak the Truth. American Journal of Jurisprudence 46 (1):229-248.
John William Salmond (1947). Jurisprudence. Toronto, the Carswell Company, Limited; [Etc.,Etc.].
Neil McArthur (2005). David Hume and the Common Law of England. Journal of Scottish Philosophy 3 (1):67-82.

Monthly downloads

Added to index


Total downloads

224 ( #7,447 of 1,726,249 )

Recent downloads (6 months)

83 ( #16,370 of 1,726,249 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.