Abstract

http://ssrn.com/abstract=2109921
 


 



What is the Philosophy of Law?


John Finnis


University of Oxford - Faculty of Law; Notre Dame Law School

July 16, 2012

Rivista di Filosofia del Diritto 1 (2012) 67-78
Notre Dame Legal Studies Paper No. 12-67
Oxford Legal Studies Research Paper No. 45/2012

Abstract:     
The philosophy of law is not separate from but dependent upon ethics and political philosophy, which it extends by that attention to the past (of sources, constitutions, contracts, acquired rights, etc.) which is characteristic of juridical thought for reasons articulated by the philosophy of law. Positivism is legitimate only as a thesis of, or topic within, natural law theory, which adequately incorporates it but remains transparently engaged with the ethical and political issues and challenges both perennial and peculiar to this age. The paper concludes by proposing a task for legal philosophy, in light of the fact that legal systems are not simply sets of norms.

Number of Pages in PDF File: 12

Keywords: philosophy of law, jurisprudence, general principles of law, positivism, natural law theory

JEL Classification: K00, K1, K3, K4, K10, K30, K40

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Date posted: July 18, 2012 ; Last revised: August 9, 2012

Suggested Citation

Finnis, John, What is the Philosophy of Law? (July 16, 2012). Notre Dame Legal Studies Paper No. 12-67; Rivista di Filosofia del Diritto 1 (2012) 67-78; Notre Dame Legal Studies Paper No. 12-67; Oxford Legal Studies Research Paper No. 45/2012 . Available at SSRN: http://ssrn.com/abstract=2109921

Contact Information

John M. Finnis (Contact Author)
University of Oxford - Faculty of Law ( email )
University College
High Street
Oxford, England OX1 4BH
United Kingdom
Notre Dame Law School ( email )
P.O. Box 780
Notre Dame, IN 46556-0780
United States
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