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Bibliographic Details

Title: Understanding the Nature of Law: A Case for Constructive Conceptual Explanation (Elgar Studies in Legal Theory)
Publisher: Edward Elgar Publishing Ltd
Publication Date: 2015
Language: English
ISBN 10: 1784718807
ISBN 13: 9781784718800
Binding: hardcover
Condition: New

About this title

Synopsis

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized?

Michael Giudice presents the problem: several methods suggest themselves as suitable to understanding law; however, each method claims unique importance with no need of others. A solution is offered in two key claims. First, many conceptual theories of law are best understood not as the result of conceptual analysis, but as constructive conceptual explanations, emphasizing a crucial role for revision and expansion of ordinary concepts, in ways responsive to new problems and new phenomena. Second, conceptual theories of law can and ought to identify necessary as well as contingent features in the construction of conceptual explanations of law. This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.

The book will be of primary interest to both students and academics in legal, political, and moral philosophy. It will also be of interest to students and academics working in the social sciences who are interested in questions about the distinctive character of law.

About the Author

Michael Giudice, Associate Professor, Department of Philosophy, York University, Canada

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