Continuity in legal theory

.

Chapter 9 in Understanding the Nature of Law, 2015, pp 213-232 from Edward Elgar Publishing

Abstract: This chapter introduces and defends what is called ‘continuity’, a methodological commitment (or meta-method) to openness which recognizes and reconciles the diverse approaches to understanding law and legal phenomena. The nature of continuity lies in recognition that diverse approaches can be connected by both complementary and conflicting relations: diverse approaches are complementary at the level of theoretical perspective (that is, all of conceptual, moral and political, and social scientific investigations are valuable and required for explanation of the social phenomenon of law), yet conflict may remain at the level of particular claims about the nature and existence of law. This chapter aims to show how a renewed account of conceptual explanation coupled with a commitment to pursuit of continuity yields a truly superior way of understanding the diversity of theories of law, and cuts through a number of meta-theoretical obstacles.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2015
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/view/9781784718800.00018.xml (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:16589_9

Ordering information: This item can be ordered from
http://www.e-elgar.com
sales@e-elgar.co.uk

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla (darrel@e-elgar.co.uk).