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Philosophy of Law, Problems Of

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About 43 pages (12,984 words)
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No very firm boundaries divide the problems confronting these various disciplines from the problems of the philosophy of law. This is especially true of the conceptual schemes of classification, definition, and division introduced by the academic study of the law for the purpose of exposition and teaching; but even some historical and sociological statements about law are sufficiently general and abstract to need the attention of the philosophical critic. Little, however, is to be gained from elaborating the traditional distinctions between the philosophy of law, jurisprudence (general and particular), and legal theory, although importance has often been attributed to them. Instead, as with other branches of philosophy, it is more important to distinguish as belonging to the philosophy of law certain groups of questions which remain to be answered even when a high degree of competence or mastery of particular legal systems and of the empirical and dogmatic studies mentioned above has been gained. Three such groups may be distinguished: problems of definition and analysis, problems of legal reasoning, and problems of the criticism of law. This division is, however, not uncontroversial; and objections to it are considered in the last section of the article.

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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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