Chapter

Jurisprudence and the Nature of Law

N.E. Simmonds

in Law as a Moral Idea

Published in print August 2008 | ISBN: 9780199552191
Published online March 2012 | e-ISBN: 9780191701597 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552191.003.0001
Jurisprudence and the Nature of Law

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The idea of law is prominent in the moral & political values of civilization and there must a be clear comprehension of this for there to be an intelligent stance toward them, with the practices regarded as embodying it to be understood in relation to these values. Theories of idealism, as exemplified by a form of German jurisprudence strongly influenced by its leading proponent Immanuel Kant, powerfully influenced modern legal thought. Its emergence gave rise to its opposite theories of reductivism, and the resulting conflict between them was the background for much of the 20th Century's jurisprudential debate. In response, HLA Hart developed his normative theory of the law, which sought to provide a middle ground approach. Another recent response was from Randy Dworkin, who developed his triple-concept of the law: sociological, doctrinal, aspirational. However, they were both still possessed of their own inherent limitations to addressing the issues.

Keywords: jurisprudence; idealism; reductivism; normative theory; Immanuel Kant; HLA Hart; Randy Dworkin

Chapter.  17736 words. 

Subjects: Jurisprudence and Philosophy of Law

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