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More Reasons Why Jurisprudence Is Not Legal Philosophy
Author(s) -
Robertson Michael
Publication year - 2017
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12185
Subject(s) - jurisprudence , philosophy of law , argument (complex analysis) , law , legal formalism , philosophy , epistemology , sociology , law and economics , political science , black letter law , comparative law , medicine , private law
It is generally assumed, without argument, that legal theory, legal philosophy, philosophy of law, and jurisprudence all mean the same thing. This paper rejects that assumption, and in particular the assumption that jurisprudence is the same thing as legal philosophy. This assumption has recently been challenged by Roger Cotterrell in his article “Why Jurisprudence Is Not Legal Philosophy,” and I seek to build on his arguments by adding insights found in the work of Stanley Fish.