Abstract

http://ssrn.com/abstract=1990401
 
 

References (13)



 


 



Farewell to Conceptual Analysis (in Jurisprudence)


Andrei Marmor


University of Southern California - Gould School of Law

January 23, 2012

USC Legal Studies Research Paper No. 12-2

Abstract:     
I have two main purposes in this essay: First, to show that conceptual analysis is not nearly as central to legal philosophy as typically assumed. The main methodological thrust of analytical jurisprudence, and in particular of legal positivism, is reductionism, not conceptual analysis. Consequently, the main objections to legal positivism are best seen as arguing against the possibility of reduction. Second, I aim to show that the interpretivist challenges to analytical jurisprudence bark up the wrong tree in this respect, and actually fail to engage with the methodological stance they aim to replace. Along the way I offer a partial defense of reductionism and the limited essentialism that comes with it.

Number of Pages in PDF File: 27

Accepted Paper Series





Download This Paper

Date posted: January 24, 2012  

Suggested Citation

Marmor, Andrei, Farewell to Conceptual Analysis (in Jurisprudence) (January 23, 2012). USC Legal Studies Research Paper No. 12-2. Available at SSRN: http://ssrn.com/abstract=1990401

Contact Information

Andrei Marmor (Contact Author)
University of Southern California - Gould School of Law ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-821-5437 (Phone)
213-740-2551 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 1,346
Downloads: 484
Download Rank: 32,691
References:  13

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.391 seconds