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Philosophy of law (or legal philosophy) is concerned with providing a general

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.

Source: Internet Encyclopedia of Philosophy


Philosophy of law, also called jurisprudence, branch of philosophy that
investigates the nature of law, especially in its relation to human values,
attitudes, practices, and political communities. Traditionally, philosophy of law
proceeds by articulating and defending propositions about law that are
general and abstract—i.e., that are true not of a specific legal system at a
particular time (e.g., the United Kingdom in 1900) but of all legal systems in
the present or perhaps of all laws at all times. Philosophy of law often aims to
distinguish law from other systems of norms, such as morality (see ethics) or
other social conventions. Views about the nature of law often depend upon,
and occasionally have contributed to, answers to some of the most-
fundamental philosophical questions—for example, regarding the foundations
of morality, justice, and rights; the nature of human action and intention; the
relations between social practices and values; the nature
of knowledge and truth; and the justification of political rule (see political
philosophy). The philosophy of law is therefore an integral part of philosophy
more generally.
Source: britannica

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