Elucidating Law

Legal philosophy aims to understand the nature of law, address questions such as its aims, approach, criteria of success, and progress. Julie Dickson advocates for an indirectly evaluative legal philosophy to facilitate this understanding while avoiding premature moral valuation.

Format: Hardback
Length: 208 pages
Publication date: 12 May 2022
Publisher: Oxford University Press

The aims of legal philosophy are multifaceted and complex, encompassing a wide range of questions and concerns. At its core, legal philosophy seeks to understand the nature of law and its role in society. It examines the principles, values, and institutions that govern legal systems and seeks to evaluate their effectiveness and fairness. Legal philosophy also explores the ethical and moral dimensions of law, examining the ways in which law shapes and influences human behavior and the relationships between individuals and society.

One of the central questions that legal philosophy seeks to address is the nature of law. Legal philosophers ask questions such as: What is law? How is law created and enforced? What are the basic principles that govern legal systems? What are the sources of law? How does law relate to other social and moral norms?

Another important question that legal philosophy seeks to address is the role of law in society. Legal philosophers ask questions such as: What is the purpose of law? How does law promote social justice and equality? What are the ethical and moral implications of law? How does law affect individual rights and freedoms?

Legal philosophy also engages with a range of methodological questions. These questions concern the approach that legal philosophers should take to their subject matter. Legal philosophers ask questions such as: What is the best way to study law? What are the appropriate methods and tools for analyzing legal phenomena? How can legal philosophy contribute to other fields of study, such as philosophy of science, philosophy of mind, and political philosophy?

In order to address these questions, legal philosophers employ a variety of approaches and methodologies. Some legal philosophers focus on the theoretical analysis of law, while others emphasize the empirical study of legal systems and practices. Some legal philosophers adopt a positivist approach, while others adopt a more critical or interpretive approach. Some legal philosophers use a multidisciplinary approach, drawing on insights from other fields of study such as philosophy of language, philosophy of science, and political theory.

One distinctive approach to legal philosophy advocated by Julie Dickson is called "Indirectly Evaluative Legal Philosophy." This approach seeks to understand the nature of law without prematurely or inappropriately regarding law as inherently morally valuable. Dickson argues that legal philosophy should adopt an indirect evaluative approach, which involves examining the ways in which law shapes and influences human behavior and the relationships between individuals and society. By adopting this approach, legal philosophers can avoid the ethical and moral dilemmas that often arise when considering the inherent value of law.

Another important aspect of legal philosophy is the criteria of success of theories of law. Legal philosophers ask questions such as: What are the criteria for evaluating the validity and usefulness of legal theories? How can we know if a legal theory is successful or unsuccessful? What are the limitations and assumptions of different legal theories?

In order to evaluate the success of theories of law, legal philosophers employ a range of criteria. Some legal philosophers focus on the logical consistency and coherence of legal theories, while others emphasize their practical effectiveness and their ability to address real-world legal problems. Some legal philosophers use a combination of these criteria, depending on the specific theory being evaluated.

Legal philosophy is an ongoing and dynamic field of study. While there are many established theories and approaches to legal philosophy, there is still much room for progress and innovation. Legal philosophers are constantly exploring new ideas and methodologies, and are engaged in ongoing debates and discussions about the nature of law, the role of law in society, and the methods and methodologies of legal philosophy.

In conclusion, legal philosophy is a complex and multifaceted field of study that seeks to understand the nature of law and its role in society. It examines the principles, values, and institutions that govern legal systems and seeks to evaluate their effectiveness and fairness. Legal philosophy also explores the ethical and moral dimensions of law, examining the ways in which law shapes and influences human behavior and the relationships between individuals and society.

Legal philosophy employs a variety of approaches and methodologies, including theoretical analysis, empirical study, positivism, critical or interpretive approach, and multidisciplinary approach. One distinctive approach to legal philosophy advocated by Julie Dickson is called "Indirectly Evaluative Legal Philosophy," which seeks to understand the nature of law without prematurely or inappropriately regarding law as inherently morally valuable.

Legal philosophy is an ongoing and dynamic field of study, with much room for progress and innovation. By engaging with the questions and concerns of legal philosophy, legal philosophers can contribute to our understanding of the law and its role in society and help to promote social justice and equality.

Weight: 468g
Dimension: 164 x 240 x 20 (mm)
ISBN-13: 9780198727767