Theorizing areas of law: a taxonomy of special jurisprudence
This paper provides a taxonomy of the different kinds of theory that may be offered of an area of law. We distinguish two basic types of philosophical accounts in special jurisprudence: non-normative accounts and normative accounts. Section II explains the two central subspecies of non-normative acc...
| Κύριοι συγγραφείς: | , |
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| Μορφή: | Journal article |
| Γλώσσα: | English |
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Cambridge University Press
2023
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| Περίληψη: | This paper provides a taxonomy of the different kinds of theory that may be offered of an
area of law. We distinguish two basic types of philosophical accounts in special jurisprudence:
non-normative accounts and normative accounts. Section II explains the two central subspecies of non-normative accounts of areas of law: (i) conceptual and ontological theories
and (ii) reason-tracking causal theories. Section III explores normative theories of areas of law.
Normative accounts sub-divide into detached and committed normative accounts. Detached
or committed normative accounts can be subdivided further into the following cross-cutting
categories: (i) pro tanto or all-things-considered, (ii) hyper-reformist or practice-dependent.
Section IV shows that our taxonomy does not presume a prior commitment to any particular
school in general jurisprudence. This paper clarifies methodological confusion that exists in
theorising about areas of law, and contributes to the sub-field of thinking generally about
special jurisprudence. |
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