Jump to ContentJump to Main Navigation
The Province of Jurisprudence Democratized$
Users without a subscription are not able to see the full content.

Allan C. Hutchinson

Print publication date: 2008

Print ISBN-13: 9780195343250

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195343250.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 18 July 2019

The Provinciality of Jurisprudence Determined

The Provinciality of Jurisprudence Determined

Chapter:
(p.39) Chapter Three The Provinciality of Jurisprudence Determined
Source:
The Province of Jurisprudence Democratized
Author(s):

Allan C. Hutchinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195343250.003.0003

This chapter examines the nature and performance of the most favored mode of philosophical inquiry: conceptual analysis. It argues that analytical jurisprudence's practice of conceptual analysis is not neutral between different political systems of governance. Its account of law might easily capture the operation of authoritarian regimes and some industrialized modern states (e.g., the United Kingdom and the United States), but it fails to accommodate some other kinds of governmental arrangements. In particular, it does not lend itself to be applied to strongly democratic modes of governance and, on occasion, places considerable obstacles in the way of their development. Consequently, contrary to their most cherished contentions, analytical jurists must defend the partial thrust of their analytical jurisprudence in directly and substantively normative terms. Divested of its universalistic claims, analytical jurisprudence becomes exactly the kind of politicized theory that it claims to reject and from which it strives to distinguish itself.

Keywords:   conceptual analysis, legal theory, analytical jurisprudence, democracy, H. L. A. Hart, The Concept of Law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .