Down The Methodological Rabbit Hole
Bibliographic Data
| ID | 22329931 |
|---|---|
| Authors | David Frydrych (0000-0002-0402-6043, National University of Singapore, corresponding author) |
| Year | 2017 |
| Volume | 49 |
| Issue | 147 |
| Pages | 41-73 |
| Publication date | 2017-10-29 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Critica (JOURNAL) |
| Journal identifiers | ISSN: 0011-1503 • E-ISSN: 1870-4905 |
| Publisher | Universidad Nacional Autonoma de Mexico (PUBLISHER • MX) |
| DOI | 10.22201/iifs.18704905e.2017.116 |
| OpenAlex | W3121180973 |
| Language | EN |
| References cited | 13 |
This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “metatheoretical” desiderata. It contends that, to date, legal philosophical appeals to such norms have not been as helpful as some suggest. Section 5 returns to the issue of concept selection by addressing whether legal theorising is an invariably “normative” enterprise. It argues that certain “normativist” methodologies, such as Dworkin’s constructive interpretation and Finnis’ appeal to the central case of the internal point of view, are unnecessary
Appeal · Constructive · Counterexample · Epistemology · Normative · Political science · Sociology · Computer Science · Free Will and Agency · Law · Mathematics · Philosophical Ethics and Theory · Philosophy · Political Philosophy and Ethics
Natural law and natural rights
Meaning and necessity
A General Jurisprudence of Law and Society
The authority of lawEssays on law and morality
What Good are Counterexamples?
Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
Which Concepts Should We Use?
Legal and Moral Obligation
The Oxford Handbook of Philosophical Methodology
Practical Reason and Norms
Reflective equilibrium, analytic epistemology and the problem of cognitive diversity
In Defense of a Dogma
Main Trends in Recent Philosophy
| Highly cited | No |
|---|