What is the Philosophy of Law?

12 Pages Posted: 18 Jul 2012 Last revised: 9 Aug 2012

John Finnis

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

Date Written: July 16, 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.

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

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

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: https://ssrn.com/abstract=2109921

John M. Finnis (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

University of Oxford - Faculty of Law ( email )

University College
High Street
Oxford, England OX1 4BH
United Kingdom

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