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What Is Legal Philosophy?

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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.
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Document Type: Research Article

Affiliations: University of Balearic Islands Department of Private Law, Spain, Email: [email protected]

Publication date: 2005-06-01

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