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Summary What is philosophy of law?
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Summaries and Notes for all the essay and other questions in the exam scope created with past paper memos for LJUR4814 - Jurisprudence.
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UNIT 1.3WHAT IS PHILOSOPHY OF LAW?
DISCUSS AND EXPLAIN IN DETAIL WHAT IS MEANT BY
PHILOSOPHY OF LAW? (15)
Man is an inquisitive creature by nature and this leads him to take a critical outlook
on the nature of the law as well as the content of the law. (1)
Philosophy of Law has the following characteristics namely:
(i) it is not straightforwardly answered by any science; (1)
(ii) it gives rise to answers for and against something (in other words, persuasive
answers cannot be given); (1) and
(iii) it is not immediately obvious how to resolve the conflict. (1)
An example, is the fact that viewing the crime of murder as deserving of the death
penalty is open to various OPINIONS which leaves us without consensus (forms a
grey area in the law). (1)
When we begin to question the content or meaning that lies behind a legal concept
we are entering into the arena of differing interpretations based on
ASSUMPTIONS/OPINIONS. (2)
Philosophy of law has a critical task which includes seeking reliable
PRESUPPOSITIONS on which we can think. In this regard, questions, seeking the
meaning of legal concepts become philosophical. (2)
METAPHYSICS (1) entails a study of the laws that exist, in the context of nature,
structure and origin, for example: some see the law as emanating from God, while
others see the law as a product of society or reason. These presuppositions will
have an influence on how we view the law and its content. (2)
EPISTEMOLOGY (1) entails whether our senses can be trusted in determining the
law, or asks how do we know the laws that form part of our society? In short,
epistemology concerns knowledge, knowledge of the law. (2)
ETHICS IN THE LAW (1) entails a study of right and wrong actions. Included under
ethics is the question: “According to what laws should we live?”, and “What laws are
right, and what are wrong?” Therefore, ethics looks at which laws should rule our
conduct. (2)
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