Methodology in legal philosophy

This chapter examines the main issues with regard to correct jurisprudential methodology. The complex and multi-faceted character of law itself hence makes room for pluralism with regard to jurisprudential accounts of it: different theories of law can and do investigate different sets and subsets of...

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Autor principal: Dickson, J
Otros Autores: Carpentier, M
Formato: Book section
Lenguaje:English
Publicado: ISTE / Wiley 2022
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author Dickson, J
author2 Carpentier, M
author_facet Carpentier, M
Dickson, J
author_sort Dickson, J
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description This chapter examines the main issues with regard to correct jurisprudential methodology. The complex and multi-faceted character of law itself hence makes room for pluralism with regard to jurisprudential accounts of it: different theories of law can and do investigate different sets and subsets of those plausibly numerous properties that comprise law's nature, and do so in multiple ways driven by changes in our sense of puzzlement with respect to them. Moreover, given law's involvement in so many important areas of social and political life, philosophy of law engages with and addresses an ever-developing array of questions and puzzles, responding to changing theoretical interests and societal circumstances. The chapter explains a divide in the methodology of legal philosophy between theories of law adopting a directly evaluative methodological approach, and theories of law engaging in indirectly evaluative legal philosophy.
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spelling oxford-uuid:39f72046-38fb-4b42-ad2c-0ce115afbaeb2024-07-11T14:20:21ZMethodology in legal philosophyBook sectionhttp://purl.org/coar/resource_type/c_1843uuid:39f72046-38fb-4b42-ad2c-0ce115afbaebEnglishSymplectic ElementsISTE / Wiley2022Dickson, JCarpentier, MThis chapter examines the main issues with regard to correct jurisprudential methodology. The complex and multi-faceted character of law itself hence makes room for pluralism with regard to jurisprudential accounts of it: different theories of law can and do investigate different sets and subsets of those plausibly numerous properties that comprise law's nature, and do so in multiple ways driven by changes in our sense of puzzlement with respect to them. Moreover, given law's involvement in so many important areas of social and political life, philosophy of law engages with and addresses an ever-developing array of questions and puzzles, responding to changing theoretical interests and societal circumstances. The chapter explains a divide in the methodology of legal philosophy between theories of law adopting a directly evaluative methodological approach, and theories of law engaging in indirectly evaluative legal philosophy.
spellingShingle Dickson, J
Methodology in legal philosophy
title Methodology in legal philosophy
title_full Methodology in legal philosophy
title_fullStr Methodology in legal philosophy
title_full_unstemmed Methodology in legal philosophy
title_short Methodology in legal philosophy
title_sort methodology in legal philosophy
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