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What Is Legal Philosophy?

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Abstract:

Abstract. 

This paper argues that legal philosophy is a social practice undertaken by participants whose views have primacy over non-participants. This social practice is dynamic, constructive and based on understanding and explanation, in order to meet normative expectations. Legal Philosophy should include Legal Ontology, Legal Epistemology and a Theory of Justice. It is usually claimed that legal philosophy is a branch of a genus called philosophy, but there is no one single definition of it. In this paper it is argued that as a starting point there is a need to choose between three basic traditions in philosophy.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2005.00292.x

Affiliations: University of Balearic Islands Department of Private Law, Spain, Email: s.urbina.t@terra.es

Publication date: June 1, 2005

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