John Gardner

Putting Legal Philosophy in Its Place

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Abstract

In this article, the author answers to the nine questions set by the editors of Rivista di Filosofia del Diritto. The answers tackle the relations between political and legal philosophy, and their evaluative and non-evaluative dimensions, remarking that these philosophical activities are not to be understood as part of, but rather as reflection on, the practical rationality of law and politics. The author deals with the place of law in practical rationality and the law's normativity, explaining the difference existing between moral and legal reasons. In a second part, defining the boundaries between special and general jurisprudence, and between jurisprudence and legal philosophy, the focus shifts to the proper understanding of philosophy as a genus and of legal philosophy as one of its species.

Keywords

  • Legal Philosophy
  • Political Philosophy
  • Legal and Moral Reasons
  • Jurisprudence
  • Philosophy

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