Understanding the Nature of Law

Understanding the Nature of Law

A Case for Constructive Conceptual Explanation

Elgar Studies in Legal Theory

Michael Giudice

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.

Chapter 4: Analytical jurisprudence and necessity

Michael Giudice

Subjects: law - academic, legal philosophy, legal theory


This chapter introduces the view that many necessary truths about law that, for example, Hart defends, are neither analytic nor a priori truths, but are instead best understood as claims of a posteriori necessary truth. This chapter is designed as a counter-balance to Brian Leiter’s view that philosophers of law ought to consult Quine’s naturalized epistemology to resolve some longstanding internal disputes about the boundaries of law. Saul Kripke’s account of the separability of analyticity, a prioricity and necessity is just as important, if not more so, to employ.

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