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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Jurisprudence or Legal Science (Hardcover)
Loot Price: R2,974
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Jurisprudence or Legal Science (Hardcover)
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Modern jurisprudence embodies two distinct traditions of thought
about the nature of law. The first adopts a scientific approach
which assumes that all legal phenomena possess universal
characteristics that may be used in the analysis of any type of
legal system. The main task of the legal philosopher is to disclose
and understand such characteristics,which are thought to be capable
of establishment independently of any moral or political values
which the law might promote, and of any other context-dependent
features of legal systems. Another form of jurisprudential
reflection views the law as a complex form of moral arrangement
which can only be analysed from within a system of reflective moral
and political practices. Rather than conducting a search for
neutral standpoints or criteria, this second form of theorising
suggests that we uncover the nature and purpose of the law by
reflecting on the dynamic properties of legal practice. Can legal
philosophy aspire to scientific values of reasoning and truth? Is
the idea of neutral standpoints an illusion? Should legal
theorising be limited to the analysis of particular practices? Are
the scientific and juristic approaches in the end as rigidly
distinct from one another as some have claimed? In a series of
important new essays the authors of Jurisprudence or Legal Science?
attempt to answer these and other questions about the nature of
jurisprudential thinking, whilst emphasising the connection of such
'methodological' concerns to the substantive legal issues which
have traditionally defined the core of jurisprudential speculation.
The list of contributors includes R. Alexy, S. Coyle, J. Gorman, C.
Heidemann, P. Leith, J. Morison, G. Pavlakos and V.
Rodriguez-Blanco.
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