Understanding the Nature of Law: A Case for Constructive Conceptual Explanation (Elgar Studies in Legal Theory) - Hardcover

Giudice, Michael

Hardcover

ISBN 10: 1784718807 ISBN 13: 9781784718800

Publisher: Edward Elgar Publishing, 2015

Synopsis

'This is a superb book. Taking up the important debate on the role of conceptual analysis in legal theory, Giudice carefully articulates the competing positions and presents a clear-eyed and perspicuous account of conceptual analysis. This book is essential reading for anyone in legal theory.'
- Dennis Patterson, European University Institute, Italy

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 this title

About the Author:

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

Review:

`This is a superb book. Taking up the important debate on the role of conceptual analysis in legal theory, Giudice carefully articulates the competing positions and presents a clear-eyed and perspicuous account of conceptual analysis. This book is essential reading for anyone in legal theory.' -- Dennis Patterson, European University Institute, Italy

About this edition

• Publisher: Edward Elgar Publishing
• Publication date: 2015
• ISBN 10: 1784718807
• ISBN 13: 9781784718800
• Binding: Hardcover
• Number of pages: 264