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Analytic jurisprudence seeks to provide an account of what distinguishes law as a system of norms from other systems of norms, such as ethical norms
Analytic jurisprudence seeks to provide an account of what distinguishes law as a system of norms from other systems of norms, such as ethical norms
True
John Austin describes the project of analytic jurisprudence as seeking the 'essence or nature which is common to all laws that are properly so called'
John Austin describes the project of analytic jurisprudence as seeking the 'essence or nature which is common to all laws that are properly so called'
True
According to Brian Leiter, philosophy of law is one of the few philosophical disciplines that takes conceptual analysis as its principal concern
According to Brian Leiter, philosophy of law is one of the few philosophical disciplines that takes conceptual analysis as its principal concern
True
Brian Bix primarily takes conceptual analysis in law to be concerned with tracking linguistic usage
Brian Bix primarily takes conceptual analysis in law to be concerned with tracking linguistic usage
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Most other areas in philosophy have taken a naturalistic turn, incorporating the tools and methods of the sciences
Most other areas in philosophy have taken a naturalistic turn, incorporating the tools and methods of the sciences
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Lon Fuller argues that there are necessary moral constraints on the content of law
Lon Fuller argues that there are necessary moral constraints on the content of law
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According to Fuller, law is necessarily subject to a procedural morality consisting of eight principles
According to Fuller, law is necessarily subject to a procedural morality consisting of eight principles
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One of Fuller's principles is that the rules must be changed frequently to keep up with societal changes
One of Fuller's principles is that the rules must be changed frequently to keep up with societal changes
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According to Fuller, the rules must be administered in a manner consistent with their wording
According to Fuller, the rules must be administered in a manner consistent with their wording
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Study Notes
Analytic Jurisprudence
- Seeks to distinguish law as a system of norms from other systems of norms, such as ethical norms
- Aims to identify the 'essence or nature' common to all laws that are properly so called (John Austin)
Conceptual Analysis in Law
- A principal concern in philosophy of law (Brian Leiter)
- Concerned with tracking linguistic usage (Brian Bix)
Moral Constraints on Law
- Lon Fuller argues that there are necessary moral constraints on the content of law
- Law is necessarily subject to a procedural morality consisting of eight principles (Lon Fuller)
Procedural Morality
- One of the principles is that rules must be changed frequently to keep up with societal changes
- Rules must be administered in a manner consistent with their wording (Lon Fuller)
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Description
Test your knowledge of the principal objective and key ideas of analytic jurisprudence, including the distinction between law and other normative systems.
