Analytic Jurisprudence in Time

Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J. Postema (Thomas Bustamante & Thiago Lopes Decat eds., 2020 Forthcoming)

Osgoode Legal Studies Research Paper

27 Pages Posted: 6 Apr 2020

See all articles by Dan Priel

Dan Priel

York University - Osgoode Hall Law School

Date Written: March 11, 2020

Abstract

The dominant view within analytic jurisprudence sees it as aiming to provide an account of the “nature” of law, as it exists beyond time and place. Against this background, this essay considers the role time plays in jurisprudence at three levels: First, law and jurisprudence exist in time, and have a history; second, at least in common-law systems precedent ties present law to its past; and third, at the most general level, I ask whether law’s authority can be understood without taking time into account. On all three levels, I argue that law is connected with time in ways that are insufficiently appreciated in much of the work dedicated to timeless jurisprudence. While others, Gerald Postema among them, have recognized the significance of time to law and jurisprudence, this essay aims to show how they fit a naturalistic approach to jurisprudence.

Keywords: jurisprudence, legal positivism, common law theory, philosophy of history, Gerald Postema

Suggested Citation

Priel, Dan, Analytic Jurisprudence in Time (March 11, 2020). Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J. Postema (Thomas Bustamante & Thiago Lopes Decat eds., 2020 Forthcoming), Osgoode Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3552355

Dan Priel (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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