Brian Leiter and the Naturalisation of the Philosophy of Law
In "The Province of Jurisprudence Naturalized", Jerzy Stelmach, Bartosz Brożek, Łukasz Kurek (eds.), Warsaw: Wolters Kluwer 2017
19 Pages Posted: 14 Sep 2017
Date Written: September 12, 2017
The paper opens with an exposition of the basic ideas of the philosophical school of naturalism and its most widespread version, methodological naturalism. This is followed by three of Leiter’s proposals for the naturalisation of questions of the philosophy of law: the first consists in naturalising the theory of adjudication modelled on replacement and normative naturalism in epistemology, the second consists in turning the philosophy of law into the abstract and reflective part of the empirical social sciences on law, and the third consists in colonising the philosophy of law with experimental philosophy. The thesis that the last version of Leiter’s naturalism is, in fact, reduced to a so-called modest methodological naturalism is put forward. The paper closes with the most important criticisms of Leiter’s naturalistic methodological approach, as well as with the thesis on the complementarity between conceptual analysis and modest methodological naturalism.
Keywords: naturalism, B. Leiter, philosophy of law, methodological naturalism, conceptual analysis, intuitions
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