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What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy? In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character.
This book investigates the fundamental methodological questions concerning the aims, constraints, and criteria of success within the field of legal philosophy. Julie Dickson, a scholar of legal theory, examines how philosophers should engage with the nature of law without imposing external moral valuations. She proposes a framework known as 'Indirectly Evaluative Legal Philosophy' to provide a more accurate understanding of law as a systemic and institutionalized social tool.
What You Will Find
Scope Limits
Legal scholars frequently cite this work as a significant contribution to the meta-theoretical discourse in jurisprudence. Experts highlight the text for its rigorous analytical approach to the philosophy of law and its clear articulation of methodological constraints.
Page Count:
195
Publication Date:
2022-01-01
Publisher:
OUP Oxford
ISBN-10:
0191043575
ISBN-13:
9780191043574
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