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Philosophy of Law, Problems Of

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About 43 pages (12,984 words)
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Philosophy of Law, Problems Of

The existence of legal systems, even the most rudimentary, has afforded the opportunity for a variety of academic disciplines. Of these some are, or purport to be, empirical: They include the historical study of particular legal systems or specific legal doctrines and rules, and sociological studies of the ways in which the content and the efficacy of law and the forms and procedures of law-making and law-applying both influence and are influenced by their economic and social setting, and serve social needs or specific social functions. But since law in most societies soon reaches a very high degree of complexity, its administration requires the special training of judges and professional lawyers. This in turn has created the need for a specific form of legal science concerned with the systematic or dogmatic exposition of the law and its specific methods and procedures. For this purpose the law is divided into distinct branches (such as crime, tort, and contract), and general classifications and organizing concepts are introduced to collect common elements in the situations and relationships created by the law (such as rights, duties, obligations, legal personality, ownership, and possession) or elements common to many separate legal rules (such as act and intention).

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Philosophy of Law, Problems Of from Encyclopedia of Philosophy. Copyright © 2001-2006 by Macmillan Reference USA, an imprint of the Gale Group. All rights reserved.

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