2014The American Journal of JurisprudenceOpen access

What is the Philosophy of Law?

John Finnis

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Abstract

The philosophy of law is not separate from ethics and political philosophy, but dependent upon them. It extends them by that special attention to the past (of sources, constitutions, contracts, acquired rights, etc.) which—for reasons articulated by the philosophy of law—is characteristic of juridical thought. Positivism is coherently sustainable only as a thesis of or topic within natural law theory, which adequately incorporates it but remains engaged with ethical and political issues and challenges, both perennial and peculiar to this age. The article concludes by proposing a task for legal philosophy in coming years, in light of the fact that legal systems are not simply sets of norms.

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The philosophy of law is not separate from ethics and political philosophy, but dependent upon them. It extends them by that special attention to the past (of sources, constitutions, contracts, acquired rights, etc.) which—for reasons articulated by the philosophy of law—is characteristic of juridical thought. Positivism is coherently sustainable only as a thesis of or topic within natural law theory, which adequately incorporates it but remains engaged with ethical and political issues and challenges, both perennial and peculiar to this age. The article concludes by proposing a task for legal philosophy in coming years, in light of the fact that legal systems are not simply sets of norms.

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Available abstract

The philosophy of law is not separate from ethics and political philosophy, but dependent upon them. It extends them by that special attention to the past (of sources, constitutions, contracts, acquired rights, etc.) which—for reasons articulated by the philosophy of law—is characteristic of juridical thought. Positivism is coherently sustainable only as a thesis of or topic within natural law theory, which adequately incorporates it but remains engaged with ethical and political issues and challenges, both perennial and peculiar to this age. The article concludes by proposing a task for legal philosophy in coming years, in light of the fact that legal systems are not simply sets of norms.

Key concepts: Philosophy of law, Legal positivism, Law, Political philosophy, Political science, Natural order, Epistemology, Politics

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