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The object of jurisprudence
Journal article   Open access   Peer reviewed

The object of jurisprudence

Angelo Ryu
Jurisprudence (Oxford, England), Vol.15(2), pp.164-173
01/07/2024

Abstract

concept of law Holmes legal practice legal realism methodology Jurisprudence
Here I distinguish two things jurisprudence might take itself to explain. A theory of law can be either concept-first or practice-first. Concept-first theories investigate the concept we implicitly deploy to label some things as law and not others. Practice-first theories investigate directly, and uncover interesting features of, a particular social practice. That practice could be, for instance, the practice of lawyers and officials which prevails in the United States. I identify Hershovitz's Law Is a Moral Practice with a practice-first approach. Then I elaborate on the distinction and show that a practice-first approach is more defensible than many assume. Finally, I argue a practice-first approach rules out predictive theories of law.
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https://doi.org/10.1080/20403313.2024.2323342View
Published (Version of record)CC BY-NC-ND V4.0 Open

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