Law and Philosophy 27 (6):643 - 695 (2008)
|Abstract||Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between inclusive and exclusive positivists: I present several ways of understanding what this debate is about and argue that none of them is defensible. My second argument focuses more on the purpose of jurisprudential inquiry. I argue there that even if some jurisprudential debates have determinate answers, it does not follow that they deserve our attention, because not all true facts are worth knowing. After discussing and rejecting the claim that jurisprudence could be justified as knowledge for its own sake, I propose one possible justification for engaging in legal philosophy and outline its implications for the kind of issues that should be pursued.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Danny Priel (2008). Sanction and Obligation in Hart's Theory of Law. Ratio Juris 21 (3):404-411.
Hans Lindahl (2011). Boundaries and the Concept of Legal Order. Jurisprudence 2 (1):73-97.
Dennis M. Patterson (1996). Law and Truth. Oxford University Press.
J. S. Russell (2000). Trial by Slogan: Natural Law and Lex Iniusta Non Est Lex. Law and Philosophy 19 (4):433 - 449.
Jules L. Coleman (2009). Beyond Inclusive Legal Positivism. Ratio Juris 22 (3):359-394.
S. J. (2000). Trial by Slogan: Natural Law and Lex Iniusta Non Est Lex. Law and Philosophy 19 (4):433-449.
Bebhinn Donnelly-Lazarov (2011). The Figuring of Morality in Adjudication: Not so Special? Ratio Juris 24 (3):284-303.
Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
Raymond Wacks (2009). Understanding Jurisprudence: An Introduction to Legal Theory. Oxford University Press.
Wilfrid J. Waluchow (1994). Inclusive Legal Positivism. Oxford University Press.
Added to index2009-01-28
Total downloads18 ( #67,558 of 549,088 )
Recent downloads (6 months)1 ( #63,317 of 549,088 )
How can I increase my downloads?