Title: The Province of Jurisprudence Underdetermined
Abstract: It is well known that over the last two or three decades the idea of a general jurisprudence as a purely descriptive enterprise aiming at elucidating the nature of law through conceptual analysis has been challenged from different fronts. So different, in fact, that it is distracting to characterize the current discussions as opposing proponents of a "descriptive jurisprudence", on the one hand, against those that hold that jurisprudence has to be "normative", on the other. In the context of the discussion about the methodology of jurisprudence, both "descriptive jurisprudence" and "normative jurisprudence" turn out to be crude and potentially misleading labels which mistakenly suggest that there is a single divide between two clearly defined and internally homogeneous positions (which is not the case) that are at any rate antagonistic (which, depending on the way these labels are understood, need not be the case).
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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Cited By Count: 3
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