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, 2022 In this chapter, we give an overview of some of the work on legal philosophy currently being done in the Netherlands. We explore: 1) work related to three classical approaches within legal philosophy: legal positivism, natural law theory and legal pragmatism; 2) work related to debates regarding the moral-legal foundations of society in late modernity;
Bökenkamp, Daniel, Veraart, Wouter
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Abstract This chapter examines the analytical legal philosophy’s birth, development, and crisis from the early 1950s. After identifying this legal philosophical tradition’s main features, the connection between analytical legal philosophy and legal positivism is explored.
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Why Jurisprudence Is Not Legal Philosophy
Jurisprudence, 2014(2014). Why Jurisprudence Is Not Legal Philosophy. Jurisprudence: Vol. 5, No. 1, pp. 41-55.
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The Elgar Companion to Austrian Economics is a major new reference work which highlights the common ground between all the branches of the school while demonstrating the breadth and diversity within it. The Companion reflects the many areas where Austrian economists have made contributions, including technical economics, methodology of the social ...
Yunhua Cui, Chi Li
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Yunhua Cui, Chi Li
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Legal Philosophy as Methodology
2003Juridical methodology has a long tradition, going back to ancient times. Leibniz praised the classical Roman jurisprudence because of its precision (subtilitas) and compared it to the method of geometry.2 This non-problematic methodological conception of jurists oriented towards classical logic was upset however in the 19th century when jurisprudence ...
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1995
Practical legal reasoning and argumentation, as is all behavior, are subject to resource limitations. Decisions and judgments are usually made under time pressure, for example. Of particular interest here, however, are limitations on information and knowledge about the law, about the facts of a case, and more generally on our ability to experience ...
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Practical legal reasoning and argumentation, as is all behavior, are subject to resource limitations. Decisions and judgments are usually made under time pressure, for example. Of particular interest here, however, are limitations on information and knowledge about the law, about the facts of a case, and more generally on our ability to experience ...
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Ratio Juris, 2005
. This paper argues that legal philosophy is a social practice undertaken by participants whose views have primacy over non-participants. This social practice is dynamic, constructive and based on understanding and explanation, in order to meet normative expectations.
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. This paper argues that legal philosophy is a social practice undertaken by participants whose views have primacy over non-participants. This social practice is dynamic, constructive and based on understanding and explanation, in order to meet normative expectations.
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2008
This article, written for the forthcoming Oxford Handbook of American Philosophy, offers an overview of the most important American contributions to legal philosophy - American legal realism, law and economics, various critical schools of jurisprudence, Lon Fuller, and Ronald Dworkin - while speculating on what might be distinctive of American legal ...
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This article, written for the forthcoming Oxford Handbook of American Philosophy, offers an overview of the most important American contributions to legal philosophy - American legal realism, law and economics, various critical schools of jurisprudence, Lon Fuller, and Ronald Dworkin - while speculating on what might be distinctive of American legal ...
openaire +1 more source