- published: 03 Apr 2015
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Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "what is law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?", and many other similar questions.
Legal philosophy as it is currently practiced by academics is primarily Western in its origins and perspective. The ideas of the Western legal tradition have become so pervasive throughout the world that it is tempting to see them as universal.
The question that has received the most substantial attention from philosophers of law is What is law? Several schools of thought have provided rival answers to this question, the most influential of which are:
In recent years, debates about the nature of law have become increasingly fine-grained. One important debate is within legal positivism. One school is sometimes called exclusive legal positivism, and it is associated with the view that the legal validity of a norm can never depend on its moral correctness. A second school is labeled inclusive legal positivism, and it is associated with the view that moral considerations may determine the legal validity of a norm, but that it is not necessary that this is the case. Some philosophers used to contend that positivism was the theory that there is "no necessary connection" between law and morality; but influential contemporary positivists, including Joseph Raz, John Gardner, and Leslie Green, reject that view. As Raz points out, it is a necessary truth that there are vices that a legal system cannot possibly have (for example, it cannot commit rape or murder). In fact, it is even unclear whether Hart himself held this view in its broad form, for he insisted both that to be a legal system rules must have a certain minimum content, which content overlaps with moral concerns, and that it must attain at least some degree of justice in the administration of laws.
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