Natalie Stoljar's Wishful Thinking and One Step Beyond: What Should Conceptual Legal Analysis Become?
Problema: Anuario de Filosofía y Teoría del Derecho, No. 6, 2012, pp. 81-105
26 Pages Posted: 12 Dec 2012 Last revised: 19 Jun 2013
Date Written: 2012
Praising wishful thinking is a serious risk that I am willing to run not only in this article commenting of Natalie Stoljar’s work but also elsewhere in my own scholarship. Although I will analyze her claims and will agree mostly with them, I will criticize her for stopping one step short adopting the desirability or weaker claim, when in it is not merely possible but necessary to go one step beyond arguing for the necessity or stronger claim. Accordingly, I intend to present further grounds for endorsing “conceptual (legal) analysis pluralism” by distinguishing the three different inquiry or projects that are and must be integrated and stating the normative priority of one of them, i.e. the prescriptive, interpretive, and moral.
Keywords: Conceptual Analysis, Integrative Jurisprudence, Legal Methodology, Legal Pluralism
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