Conceptual Jurisprudence: Methodological Issues, Classical Questions and New Approaches

This book explores the concept of law from various philosophical perspectives, covering topics such as methodology, legal systems, morality, normativity, and practical reason. It introduces two novel theoretical approaches to conceptual jurisprudence.

Format: Paperback / softback
Length: 319 pages
Publication date: 03 September 2022
Publisher: Springer Nature Switzerland AG

This book is a remarkable compilation of esteemed legal theorists who have come together to present original and thought-provoking philosophical work on the concept of law, which is at the heart of jurisprudence. Spanning five broad topics, it delves into various aspects of legal theory and philosophy.

Firstly, it addresses the methodological debates within jurisprudence, exploring the different approaches and theories used by legal scholars to understand and analyze legal phenomena. This section provides a comprehensive overview of the field, highlighting the key debates and issues that have shaped legal scholarship.

Secondly, the book focuses on the notion of a legal system and its coercive nature. It examines the mechanisms and processes by which laws are created, enforced, and interpreted, and explores the implications of a legal system on individuals and society. The authors examine the role of the state, the judiciary, and other legal institutions in upholding and enforcing laws, and consider the ethical and philosophical questions that arise from the coercive nature of law.

Thirdly, the book explores the complex relationships between law and morality. It examines the different perspectives on the nature of law and its relationship to moral values, and considers the challenges and dilemmas faced by legal systems in balancing the demands of justice and morality. The authors explore the role of legal reasoning, moral principles, and ethical considerations in legal decision-making, and consider the implications of different legal theories and approaches on the moral character of law.

Fourthly, the book examines questions regarding the normative character of law and its relationships with practical reason. It explores the different theories of legal validity and the criteria used to determine whether a law is valid or invalid. The authors consider the role of legal reasoning, empirical evidence, and philosophical arguments in establishing the normative character of law, and explore the implications of different legal theories on the practical application of law.

Lastly, the book introduces two novel theoretical approaches to conceptual jurisprudence. The first approach focuses on the role of language and meaning in legal reasoning and interpretation. It examines the ways in which language shapes our understanding of law and the challenges faced by legal systems in ensuring that legal language is clear, precise, and consistent. The second approach explores the relationship between law and power, and examines the ways in which law is used to establish and maintain power structures in society.

In conclusion, this book is a valuable resource for legal scholars, students, and anyone interested in the study of law and legal theory. It provides a comprehensive and insightful exploration of the concept of law, its methodological debates, its relationships with morality and practical reason, and its theoretical approaches. The contributions of the authors are insightful and thought-provoking, and their work will undoubtedly contribute to the ongoing dialogue in legal scholarship.

Weight: 510g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030788056
Edition number: 1st ed. 2021