Philosophy of Law

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Indian Law Encyclopedia

What Is Philosophy of Law :

Philosophy of law is a branch of philosophy and, more in particular, the branch that deals with philosophical questions about law. Examples of such questions are as follows:

-Origin of Law
– how punishing criminals can be justified,
– what the essence of the rule of law is,
– whether human rights would still exist if they were not included in a statute or treaty,
– why contracts are binding,
– what the nature of law is.

  • The Normative Question
  • The Conceptual Question

Hart:

Law as System

  • The Concept of Law
  • Primary and Secondary Rules
  • A Fallible Theory
  • A Chain of Rules
  • Social Practice as Foundation of Law
  • The Role of “Officials”
  • A Practical Application: EU Law
  • Customary Law

Hart as a Legal Positivist


Thomas Hobbes: Normative Legal Positivism


The State


Positive Law and Natural Law

More Topics
  1. Law  and ideology
  2. Law and language
  3. Limits of  law
  4. Nature of  Law
  5. Rule of law and procedural fairness
  6. Laws of nature
  7. Ceteris paribus
  8. Legal obligation and authority
  9. Legal philosophy
  10. Economic analysis of law
  11. Legal positivism
  12. Legal punishment
  13. legal reasoning
  14. Interpretation and coherence of Law
  15. Precedent vs analogy
  16. Legal rights
  17.  Political legitimacy

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