Understanding the Nature of Law: A Case for Constructive Conceptual Explanation
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| Anteprima |
Michael Giudice - Edward Elgar Publishing, 2015
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
