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Beyond the Separability Thesis: Moral Semantics and the
theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this ...
On the Conceptual Confusions of Jurisprudence
and contingent forms of conceptual analysis, by contrast, serve. “normative” goals , which are attempts by theorists to say how the concept of law should be understood. Additional assumptions divide these groups further. The two descriptive methods of analysis differ based on their views regarding the nature of concepts.
Legal Positivism: Still Descriptive and Morally Neutral
Abstract—It has become increasingly popular to argue that legal positivism is actu- ally a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally ...
The Economic Analysis of Law: The Dominant Methodology for
of Law. 3. Shortcomings and Challenges of the Economic Analysis of. Law: 3.1 Overemphasis on Normative Analysis and the Internal Fallacy of Law and .... question what law ought to be; identified positive analysis of law with normative analysis ..... Descriptive law and economics is an attempt to describe legal rules, judicial.
Legal Theory and the Pivotal Role of the Concept of Coercion
dence against the focus upon coercion reflects a failure to come to grips fully with the underlying methodological issues of descriptive legal theory. Basically, such ... structure the analysis of basic legal concepts. Yet much ...... analytical jurisprudence from normative jurisprudence, the identification of the essential features of.
Hart's Concept of Law: Positivist Legal Theory or Sociology? Glen
traditionally associated with legal positivism”: the reductive semantic thesis, which “proposes a reductive analysis of legal statements according to which they are non-normative, descriptive. 1 Letsas, „H.L.A Hart‟s Conception of Law‟ [ 2000] UCL Jurisprudence Review 187-194, 187. 2 Cotterrell, „The Sociological Concept ...
New Historical Jurisprudence: Legal History as Critical Analysis of Law
analysis of law, in this light, appears as one mode of critical analysis among others, in- ... and history” than “law as history,” less legal history than historical jurisprudence. * * * ..... normative. Both reflect an urge to abandon the (real or imagined) conception of their re- spective disciplines as merely descriptive—or if you like, ...
Nov 3, 2015 ... Kenneth Einar Himma*. Conceptual Jurisprudence. An Introduction to Conceptual Analysis and Methodology in Legal Theory. This essay attempts to ... properties of existing legal systems; such theory is, at least, descriptive in char- ... Normative legal theorists are typically concerned with issues of moral.
Jurisprudential Disagreements and Descriptivism
“descriptive.” I challenge this view in this essay by focusing on one familiar aspect of jurisprudence: persistent disagreements among legal philosophers. ... normative questions. Though descriptivism has not been universally accepted, it remains, I think, the more popular view among contemporary legal philosophers. 1.
Theories of Legislation and Statutory Interpretation: Natural Law and
to thoughtful legisprudence is critical analysis of different theories explaining the ... Garrett say that “[t]his term describes the systematic analysis of statutes within the framework of jurisprudential philosophies about the role and nature of law.” Id . (citing ... normative.7 A descriptive theory attempts to explain how an institution ...
a tradition of theoretical scholarship (or 'jurisprudence') within the law, this tends to address ... 'black letter law'). Fundamental research. (Sociology of law, critical legal studies, law and economics, etc.) Legal theory research. (Jurisprudence, legal ... The normative character of the law also means that the validity of doctrinal.
'black letter law'). Fundamental research. (Sociology of law, critical legal studies, law and economics, etc.) Legal theory research. (Jurisprudence, legal philosophy ... The normative character of the law also means that the validity of doctrinal .... the process of academic doctrinal analysis and the legal analysis undertaken by.
Modern Analytical Jurisprudence and the Limits of Its Usefulness
posium on Jurisprudence at the meeting of the Association of American Law Schools, ... The alternative proposed by Professor Hart is a mode of analysis ..... normative system. But it is hard to see why a separate branch of the law and a special course in the legal curriculum of a university should be devoted to a task which ...
The Present Situation in Legal Scholarship
normative analysis of law, based sometimes on the social sciences and ... of legal scholarship. Because my own interests lie primarily in an- other area of legal scholarship, I am concerned lest my remarks on doctrinal analysis be thought critical or ...... traditional jurisprudence in that it is not preoccupied with the ques-.
The ICC's witness protective measures through the lens of policy
26 D'Amato, Anthony 'Jurisprudence: A Descriptive and Normative Analysis of Law', (Martinus Nijhoff,. Leiden, 1984), 182-183. 27 Myres S. McDougal, 'Fuller vs . The American Legal Realists' (1940) 50 YLJ 827. 28 Harold D. Lasswell & Myres S. McDougal, 'Legal Education and Public Policy: Professional Training.
Expressivist Jurisprudence and the Depletion of Meaning
what gives a law its validity or normative status. I will suggest that none of these claims quite captures the real contribution or "message" of the new expressivism. But taken cumulatively, these claims help point us to what this body of scholarship is about. A. Descriptive Claims About Legal Meaning. Expressivist scholarship ...
Jurisprudence and legal theory (PDF Download Available)
16 University of London External Programme. Activity 2.1. Give five or six examples of descriptive and normative statements from science,. art, literature, music, morals, law and politics. Contrast them, pointing out the. significant differences. Start by indicating which of the following statements are descriptive and which.
THE PATH-DEPENDENCE OF LEGAL POSITIVISM Frederick
May 13, 2015 ... early roots of legal positivism); Edwin W. Patterson, Jurisprudence: Men and Ideas of the. Law 82–84 ... 15 “Bentham and Austin . . . devoted much attention to the analysis of basic legal concepts because they ... opment of the claim that much of allegedly descriptive jurisprudence has a strong normative.
1096 International and Comparative Law Quarterly
In sum, neither 'analytical' nor. 'general' jurisprudence adopts the descriptive, but critical and hermeneutical, method that von ... thorough overview of legal and normative hybridity in the Western past and the global present. ... Vicarious Liability in Tort provides modern and up to date analysis of liability for the acts of others.
The Contested Value of Normative Legal Scholarship
(1999) (criticizing normative legal scholarship for participating in law rather than studying it); Owen M. Fiss, Objectivity and ... Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening, 97 GEO. L.J. 803 (2009) ...... presumed hegemony of the positive economic analysis of law, of descriptive or analytic legal ...