2014•Unpublished venueRequires access
Legal Philosophy
Thom Brooks
Open publisher page 0 citations
Abstract
Legal philosophy is about the analytical and normative study of law and legal concepts. This includes questions of “what is law?” concerning the nature of law and fundamental questions about the law’s reach and authority. Legal philosophers critique the standard assumptions made by many legal practitioners to move beyond doctrinal legal analysis to reveal new insights and how potential problems might be resolved. This article surveys the major approaches in legal philosophy, such as natural law theory, legal positivism, legal realism, the economic analysis of law, and alternative approaches. The entry then provides an overview of important issues in legal philosophy, such as adjudication, legal reasoning, and the philosophy of criminal law.