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Philosophy of Law

Philosophy of law makes use of philosophy in order to carry out overall examinations of the law, jurisprudence and legal institutions. It deals with fundamental issues such as the definition of law, the requirements for legal legitimacy and the correlation of the law and morality. It analyzes a broad spectrum of topics, from the abstract and theoretical issues concerning the characteristics of the legal system to directive issues concerning the place of morality in the legal realm.

One topic of primary importance is regarding the definition of law. In an attempt to best deal with the question, three main factions have emerged: the natural law theory (laws should be reflective of the laws of nature, legal positivism (society should dictate what norms become laws) and legal realism (laws should be based on applications not theories). Of concern to the legal philosopher are the more theoretical and abstract topics regarding the law, thus distinguishing them from their counterparts in applied ethics and political philosophy. The areas of study are typically categorized under three headings: normative jurisprudence, analytic jurisprudence and critical theories of law.

Web Resources On Philosophy of Law

IEP: Philosophy of Law
Wikipedia: Philosophy of Law

Book Resources On Philosophy of Law

A Companion to Philosophy of Law and Legal Theory by Dennis M. Patterson (Editor)
Philosophy of Law by Feinberg & Coleman

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