The natural lawyer and legal philosopher John Finnis (Oxford/Notre Dame)
has just published 'What is the Philosophy of Law?' in (2012) 1 Rivista
di Filosofia del Diritto 67,
part of a number of interesting papers
on the topic. The abstract reads:
The philosophy of law is not separate from but dependent upon ethics
and political philosophy, which it extends by that attention to the past (of
sources, constitutions, contracts, acquired rights, etc.) which is
characteristic of juridical thought for reasons articulated by the philosophy
of law. Positivism is legitimate only as a thesis of, or topic within, natural law
theory, which adequately incorporates it but remains transparently engaged with
the ethical and political issues and challenges both perennial and peculiar to
this age. The paper concludes by proposing a task for legal philosophy, in
light of the fact that legal systems are not simply sets of norms.
The
paper is available in the Notre Dame Legal Studies and Oxford Legal Studies Research
series on SSRN.
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