The Purpose of Legal Theory: Some Problems with Joseph Raz's View [Book Review]

Law and Philosophy 30 (6):685-698 (2011)
Abstract
This article seeks to clarify Joseph Raz’s contention that the task of the legal theorist is to explain the nature of law, rather than the concept of law. For Raz, to explain the nature of law is to explain the necessary properties that constitute it, those which if absent law would cease to be what it is. The first issue arises regarding his ambiguous usage of the expression “necessary property”. Concurrently Raz affirms that the legal theorist has the following tasks: (a) explain the essential properties of that which the concept of law refers to, which exists independently from any concept of law; (b) explain the essential properties of law given our concept of law. After trying to dissolve the ambiguity of Raz’s argument, I conclude that based on his methodological commitments the only possible task for a legal philosopher would be conceptual analysis, understood as the task of explaining our concept of law
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 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


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 11,371
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
Saul A. Kripke (1971). Identity and Necessity. In Milton K. Munitz (ed.), Identity and Individuation. New York University Press. 135-164.
Hilary Putnam (1973). Meaning and Reference. Journal of Philosophy 70 (19):699-711.

View all 9 references

Citations of this work BETA

No citations found.

Similar books and articles
Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48 (1):1-15.
Analytics

Monthly downloads

Added to index

2011-06-06

Total downloads

56 ( #28,583 of 1,102,814 )

Recent downloads (6 months)

4 ( #84,523 of 1,102,814 )

How can I increase my downloads?

My notes
Sign in to use this feature


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