Self Concept Thesis Statement Free Essays - StudyMode
One well-known type of reductionist view is naturalizedjurisprudence. Brian Leiter has been the most prominent defender ofthis position (Leiter 2007). Like other reductionist views,naturalized jurisprudence takes the aim of legal theories to be toexplain the nature of law itself (not anybody’s concept ofit). But what is characteristic of naturalized jurisprudence is thatit also insists that a purely empirical methodology should be used in doing so (Leiter 2007, 180–81, 183–99). (See also the entry on .)
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To avoid confusion, the question we are concerned with here must beclarified in several ways. For there are a number ofuncontroversial ways in which legal theory plausibly is ormight be evaluative, and these do not go to the heart of themethodological debates in jurisprudence.
The Concept of Evil (Stanford Encyclopedia of Philosophy)
From a moral point of view, the rules of recognition, by themselves,cannot be regarded as sources of obligation to follow the law. Whetherjudges, or anybody else, should or should not respect the rules ofrecognition of a legal system, is ultimately a moral issue, that canonly be resolved by moral arguments (concerning the age old issue ofpolitical obligation). And this is more generally so: the existence ofa social practice, in itself, does not provide anyone with anobligation to engage in the practice. The rules of recognition onlydefine what the practice is, and they can say nothing on the questionof whether one should or should not engage in it. But of course, onceone does engage in the practice, playing the role of judge or someother legal official, as it were, there are legal obligationsdefined by the rules of the game. In other words, there is nothingspecial in the idea of a legal obligation to follow the rulesof recognition. The referee in a soccer game is equally obliged tofollow the rules of his game, and the fact that the game isconventional poses no difficulty from this, let us say,“internal-player’s” perspective. But again, theconstitutive rules of soccer cannot settle for anyone the question ofwhether they should play soccer or not. Similarly, the rules ofrecognition cannot settle for the judge, or anyone else for thatmatter, whether they should play by the rules of law, or not. They onlytell us what the law is. Unlike chess or soccer, however, thelaw may well be a kind of game that people have an obligation to play,as it were. But if there is such an obligation, it must emerge fromexternal, moral, considerations, that is, from a general moralobligation to obey the law. The complex question of whether there issuch a general obligation to obey the law, and whether it depends oncertain features of the relevant legal system, is extensively discussedin the literature on political obligation. A complete theory about thenormativity of law must encompass these moral issues as well. (See the entries on and .)
Concept essay thesis statement - Pizzaria La Fiorella
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Diana Wolny - Online Portfolio: Thesis Concept
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