Legislatures in Legal Philosophy

Jeremy Waldron

in Law and Disagreement

Published in print March 1999 | ISBN: 9780198262138
Published online March 2012 | e-ISBN: 9780191682308 | DOI:
Legislatures in Legal Philosophy

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This chapter examines the influence or impact of legislature on modern jurisprudence in the context of legal philosophy. Legislatures is the topic to which philosophers of law have devoted the least attention so the aim of this part of the book is to focus specifically on legislative structure, to ask what legal philosophy — in alliance with political theory — can contribute to the jurisprudential understanding of what it is for a bill enacted by an assembly to be taken seriously as a source of law. This chapter focuses in detail on why exactly modern jurisprudence — particularly modern positivist jurisprudence — has been so deficient in this regard.

Keywords: modern jurisprudence; legal philosophy; legislatures; disagreement; partisan

Chapter.  13632 words. 

Subjects: Jurisprudence and Philosophy of Law

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