Kenneth Himma, ‘Conceptual Jurisprudence: An Introduction to Conceptual Analysis and Methodology in Legal Theory’

Abstract:
This essay attempts to provide an introductory explanation of the nature of conceptual analysis, how it is applied, and why it provides an important enterprise in legal theory. In addition, this essay explains how conceptual analysis is related to other areas in philosophy, such as metaphysics and epistemology. The nature of conceptual analysis in legal theory (conceptual jurisprudence) is explained, and illustrated with accessible examples, as providing an account of those properties that (1) distinguish things that are law from things that are not law which (2) constitute the former things as law. Three different methodological approaches are also explained and evaluated. Finally, the practical importance of conceptual jurisprudence is explained.

Himma, Kenneth Einar, Conceptual Jurisprudence: An Introduction to Conceptual Analysis and Methodology in Legal Theory (June 11, 2015). REVUS: Journal for Constitutional Theory and Philosophy of Law, vol 26 (2015).

First posted 2017-03-17 09:33:38

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