Legal and Political Philosophy

Jeremy Waldron

in The Oxford Handbook of Jurisprudence and Philosophy of Law

Published in print January 2004 | ISBN: 9780199270972
Published online September 2012 | | DOI:

Series: Oxford Handbooks in Law

Legal and Political Philosophy

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This article deals with the relation between the subject matter—law as an aspect of politics—that seems to dictate the relation between disciplines. It discusses political culture considering the role that judges play in articulating public values. It mentions that a comprehensive study of political institutions must pay attention to law. This article describes briefly an array of connections between legal and political philosophy. It looks at which laws should be enacted, what decisions upheld and what decisions overruled, what constitutional amendments should be contemplated, and what general schemes for law reform should be adopted. This article further discusses the importance of the rules of recognition in Hobbes's theory. Finally, the article ends with a view that political philosophy fades into moral philosophy on the one hand, and on the other hand it is associated with something slightly different called political theory.

Keywords: law; politics; legal theory; political theory; political philosophy

Article.  16122 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law ; Law and Politics

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