PHILOSOPHY OF LAW Libera Universit Maria SS法哲学自由大学和224玛丽亚SS. Assunta.pptVIP

PHILOSOPHY OF LAW legal philosophy program L. Palazzani, A philosophical introduction to law, Aracne, Roma 2010 index introduction: what is philosophy of law, terminology theories of law (some authors, text) 3. philosophical concepts ‘for’ law (some applications) 1. philosophy of law it is part of practical philosophy: the study of/reflection on human behaviour - as expression dates back to 1821 (Hegel) - as a reflection on law was born with the birth of philosophy philosophy of law philosophy: reflection on the meaning of life, man, action law: a set of norms/rules, which regulates human behaviour/citizens philosophy of law studies ‘why’ law (not ‘how’ law is) reflection/clarification on the meaning and the essence/nature of law (foundation, critical justification, formulation) a. foundation (past) the clarification of the basis/foundation of law, the conditions of the possibility of law the preliminary question: why does law exist rather than the absence of law? why is it better that law exists rather than the absence of law? b. critical justification (present) (to criticise means ‘to express a judgement’) the analysis of a juridical norm that exists (in force) asking the question: is this law acceptable or unacceptable; just/unjust? c. formulation (future) the planning of (possible) future law, investigating how the law must or should be in order to draft a ‘better’ law than the existing one (if acceptable) and to formulate new norms where necessary or absent what the law ‘ought’ to be ‘jurisprudence’ juris = of law prudens = skilled, caution, prudence, balance ‘analytical’ jurisprudence: scientific analysis of legal structures and concepts ‘normative jurisprudence’: knowledge of nature, place, role of law within society, evaluation of legal rules and structures terminology natural law positive law real law natural law negative definition: ‘non- positive’ law (not negative): the law that exists independently of the will and act of position origin: n