Looking for the Nature of Law: On Shapiro's Challenge
40 Pages Posted: 4 Nov 2011
Date Written: October 20, 2011
This essay critically focuses on the methodological aspects of Scott Shapiro's book "Legality." Indeed Shapiro's book sets out several original theses about not only the nature of law and the main problems of jurisprudence, but also about how the nature of law can be discovered by jurisprudence. In this sense, the method of inquiry adopted by Shapiro can be considered as one of the most challenging outcomes of his research.
The essay is divided into two parts. In the first two sections I shall analyze Shapiro's jurisprudential approach by focusing on its resort to metaphysical vocabulary, conceptual analysis, constructive reasoning, and institutional explanation of law. In the following sections I will consider some of the problems that this approach gives rise to and outline an alternative view on the nature of law stimulated by the foregoing discussion of Shapiro's work.
Keywords: Jurisprudence, Philosophy of law, Conceptual analysis
JEL Classification: K00, K10
Suggested Citation: Suggested Citation