Monday, October 13, 2008
Solum, Lawrence B. "Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law." LEGAL THEORY BLOG October 5, 2008.
The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is “jurisprudence” a synonym for “philosophy of law” or are these two overlapping but distinct fields? Is “legal theory” broader or narrower than jurisprudence? And why should we care about this terminology? As always, this entry in the Legal Theory Lexicon series is aimed at law students, especially first-year law students with an interest in legal theory.
Who Cares About Terminology ?
Why should we care about terminology? Who cares what goes under the label “jurisprudence” or “philosophy of law” or “legal theory”? Well, of course, there is a sense in which we shouldn’t care at all. What matters in a deep way is the substance of theorizing about law. On the other hand, these labels are important for a different reason—because their use tells us something about the sociology of the academy. When people argue about what “jurisprudence” really is, the terminological dispute may reflect a conflict over “turf” and “authority.” . . .
Read the rest here: http://lsolum.typepad.com/legaltheory/2008/10/legal-theory-le.html.
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