David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ratio Juris 12 (3):286-310 (1999)
Since Herbert Hart’s “fresh start” encouraged us to interpret legal and political phenomena from an “internal point of view,” and Lon Fuller pointed out the severe constraints upon a conceptually viable construction of this view, jurisprudence has had little choice but to become, methodologically speaking, genuinely and critically sociological. By this, we mean that in breaking with the common-sensical half-truths which produced the imperative or command theory of law, the conceptual problem of modelling the practical rationale of the legal enterprise for the purposes of a general description of the phenomenon as subject matter, has become central and acute. In the past 20 years or so, the sociological awareness of the need to transcend the flux of empirical subjectivity, as well as important recent reinterpretations of the tradition of Natural Law, does seem to put jurisprudence within striking distance of achieving a mature status of integration with the methodology of the social sciences; not merely as some adjunct to, or opportunity for, empirically oriented “social studies,” but, as the source of a genuine epistemological synthesis in the approach to the problem of conceptualising the very subject matter of social science, namely, social action at the institutional level. In terms of concept formation this has gone some way towards the rehabilitation of the idea of “essential” or “focal” viewpoints in contrast to the enthusiasm for the contingencies and relativity of historical, linguistic and cultural conventionalisms
|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
Henrik Palmer Olsen (2007). Architectures of Justice: Legal Theory and the Idea of Institutional Design. Ashgate Pub. Co..
Brian Z. Tamanaha (2001). A General Jurisprudence of Law and Society. Oxford University Press.
Brian Z. Tamanaha (1997). Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law. Oxford University Press.
Philip Schofield (2011). Jeremy Bentham and HLA Hart's 'Utilitarian Tradition in Jurisprudence'. Jurisprudence 1 (2):147-167.
Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
William L. Twining (2009). General Jurisprudence: Understanding Law From a Global Perspective. Cambridge University Press.
M. Groot & O. M. (1998). Legal Theory and Sociological Facts. Law and Philosophy 17 (3):251-270.
David Brooke (2009). Jurisprudence, 2009-2010. Routledge-Cavendish.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Muriel De Groot & Mirjan Oude Vrielink (1998). Legal Theory and Sociological Facts. Law and Philosophy 17 (3):251-270.
Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.
Elena Pribytkova (2009). Personality, Person, Subject in Russian Legal Philosophy at the Turn of the Twentieth Century. Studies in East European Thought 61 (2/3):209 - 220.
Added to index2010-09-02
Total downloads5 ( #249,187 of 1,413,402 )
Recent downloads (6 months)1 ( #154,345 of 1,413,402 )
How can I increase my downloads?