Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

Administrative / Constitutional Law

Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

Edited by Jorge L. Fabra-Zamora · Gonzalo Villa Rosas
Springer-Verlag October 2021

Specifications

ISBN-13
9783030788025
Publisher
Springer-Verlag
Publication
October 2021
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Paperback

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.

Table of Contents

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
The positivist account of lawyer's role: legal ethics and the concept of law
Law, Coordination Problems and Economy
Part IV. New Theoretical Approaches to Conceptual Jurisprudence
Law as an Expression of Adopted Justice
A Dilemma for Shapiro and Plunkett
Law's Virtual Empire: The Law-Game Analogy in the 21st Century
Complex Legal Constructivism
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