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The central task of jurisprudence is explaining the ontology of law or, as it is commonly said, its nature. The aim of this paper is to outline a methodology for carrying out inquiries into the nature of law. I argue that enquiries of this kind ought to begin with a pre-reflective understanding of l...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2013
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4352263 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 30, 2013, pags. 31-54 |
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| Summary: |
The central task of jurisprudence is explaining the ontology of law or, as it is
commonly said, its nature. The aim of this paper is to outline a methodology
for carrying out inquiries into the nature of law. I argue that enquiries of this
kind ought to begin with a pre-reflective understanding of law as an entity
grounded in a social practice, that they should attempt to provide reductive
necessary and sufficient conditions for the existence of law, and that success
in this enterprise depends on conceptual analysis although it also requires a
theory construction aiming at achieving a reflective equilibrium. |
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