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Books > Law > Jurisprudence & general issues > Foundations of law
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Understanding the Nature of Law - A Case for Constructive Conceptual Explanation (Hardcover)
Loot Price: R2,959
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Understanding the Nature of Law - A Case for Constructive Conceptual Explanation (Hardcover)
Series: Elgar Studies in Legal Theory
Expected to ship within 12 - 17 working days
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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.
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