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philosophical analysis of law and legal institutions. Issues in the field range from abstract
conceptual questions about the nature of law and legal systems to normative questions
about the relationship between law and morality and the justification for various legal
institutions.
Topics in legal philosophy tend to be more abstract than related topics in political
philosophy and applied ethics. For example, whereas the question of how properly to
interpret the U.S. Constitution belongs to democratic theory (and hence falls under the
heading of political philosophy), the analysis of legal interpretation falls under the
heading of legal philosophy. Likewise, whereas the question of whether capital
punishment is morally permissible falls under the heading of applied ethics, the question
of whether the institution of punishment can be justified falls under the heading of legal
philosophy.
There are roughly three categories into which the topics of legal philosophy fall: analytic
jurisprudence, normative jurisprudence, and critical theories of law. Analytic
jurisprudence involves providing an analysis of the essence of law so as to understand
what differentiates it from other systems of norms, such as ethics. Normative
jurisprudence involves the examination of normative, evaluative, and otherwise
prescriptive issues about the law, such as restrictions on freedom, obligations to obey the
law, and the grounds for punishment. Finally, critical theories of law, such as critical legal
studies and feminist jurisprudence, challenge more traditional forms of legal philosophy.