Home >
Law >
Administrative / Constitutional Law >
Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

Author: Jorge L. Fabra-Zamora; Gonzalo Villa Rosas
Publisher: Springer-Verlag
ISBN: 9783030788025

Published In: October 2021
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9783030788056

HKD 1,994.87

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence.

It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Introduction: The Questions of Conceptual Jurisprudence

Part I. Methodological Questions

On the Concept of the Concept of Law

Re-evaluating the Value Neutral Approach

Part II. The Legal System as a Conceptual Tool

A Positivist Formulation of the Legal System

The Concept of Legal System Revisited

The Good, The Bad and the Puzzled: Coercion and Compliance

Part III. Law, Morality, and Normativity

Hard Cases and Legal Validity: Hart's Insights on the Internal Normativity of Law

Is Hart's Theory a form of Inclusive Legal Positivism?

Between Authority and Interpretation