Law Library
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
- Law and ideology
- Law and language
- Limits of law
- Nature of Law
- Rule of law and procedural fairness
- Laws of nature
- Ceteris paribus
- Legal obligation and authority
- Legal philosophy
- Economic analysis of law
- Legal positivism
- Legal punishment
- legal reasoning
- Interpretation and coherence of Law
- Precedent vs analogy
- Legal rights
- Political legitimacy
