Why Jurisprudence Is Not Legal Philosophy
Jurisprudence, Vol. 5, No. 1, 2014, pp. 41-55
18 Pages Posted: 25 Jan 2014 Last revised: 10 Apr 2016
Date Written: January 24, 2014
The aim of this paper is to describe and defend jurisprudence as an enterprise of theorising about law that is distinct from what is now understood as legal philosophy in the Anglophone world. Jurisprudence must draw on legal philosophy but also from many other resources. It should be an open quest for juristically (rather than philosophically) significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable practice, rooted and effective in the specific contexts and historical conditions in which it exists but also aimed at serving demands for justice and security through regulation, as these perennial values are understood in their time and place, and as they might be further clarified and reconciled as legal ideals.
Keywords: Jurisprudence; legal philosophy; contemporary legal positivism; universalism; legal naturalism; law in context; socio-legal perspectives; bricolage; jurists
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