Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Libertarian Papers 3 (2011)
Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
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.
Citations of this work BETA
No citations found.
Similar books and articles
Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.
Jefferson White (ed.) (1999). Introduction to the Philosophy of Law: Readings and Cases. Oxford University Press.
M. Groot & O. M. (1998). Legal Theory and Sociological Facts. Law and Philosophy 17 (3):251-270.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Muriel De Groot & Mirjan Oude Vrielink (1998). Legal Theory and Sociological Facts. Law and Philosophy 17 (3):251-270.
Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
Kali Pada Chakravarti (1989). Jurisprudence and Legal Theory: An Exhaustive Study of Legal Principles and Methods and Evolution of Legal Thought. Eastern Law House.
Ian Ward (2004). Introduction to Critical Legal Theory. Cavendish Pub..
Ben Golder, Rethinking the Subject of Postmodern Feminist Legal Theory: Towards a Feminist Foucaultian Jurisprudence.
Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.
J. W. Harris (1997). Legal Philosophies. Lexis Nexis.
Sean Coyle & George Pavlakos (eds.) (2005). Jurisprudence or Legal Science?: A Debate About the Nature of Legal Theory. Hart Publishing.
Kim Lane Scheppele (1988). Legal Secrets: Equality and Efficiency in the Common Law. University of Chicago Press.
Karen H. Rothenberg (1996). Feminism, Law, and Bioethics. Kennedy Institute of Ethics Journal 6 (1):69-84.
Added to index2011-08-14
Total downloads11 ( #312,966 of 1,907,911 )
Recent downloads (6 months)1 ( #462,165 of 1,907,911 )
How can I increase my downloads?