The Philosophy of Law

Law

Law is the act of the legislature to govern the conduct of a person. It comes in two different forms: private law and public law. Private law deals with private matters, which do not affect the general public. Public law is one that concerns the entire population and regulates the conduct of all men. The last type of law is retrospective, whereas the former takes effect before the law was made.

Conceptual analysis

Conceptual analysis is a methodology used by legal philosophers to analyze law. It starts from lexicography, which records empirical patterns of word use. It goes beyond this record to theorize the shared views and underlying principles that bind human beings. The goal of conceptual analysis is to uncover the meaning behind the practices of language and society.

Normativity

Normativity in law is one of the most controversial issues in legal philosophy. It first became a source of hot debate in the 19th century and the study of legal normativity has increased dramatically in the last hundred years.

Coercive aspect

One of the most important jurisprudential debates is whether or not the coercive aspect of law is an essential feature of law. Many legal scholars believe that coercive aspects of law are essential, but others believe that they are not. The debates are often focused on the nature of law itself, and we will discuss some of these debates in section 2.1.

Rule of law

The concept of rule of law is important for many reasons. For one, it helps make power less arbitrary, peremptory and unpredictable. For another, it helps to establish mutuality of constraint and reciprocity. And last but not least, it mitigates the asymmetry of political power.

Legal systems

Although legal systems vary from country to country, they share many common traits. These include: case law, codified statutes, and the weight given to judicial precedent. In addition, many legal systems use some elements of both civil and common law.

Courts

Courts of law are courts that hear and decide cases based on the law. These courts can deal with both simple personal disputes and corporate disputes.