Analytical method of jurisprudence used

Assisted English lawyers to approach their training far more seriously
1. An approach to identify "black letter law"
concerned with the words and their definitions used
1. suggested that this is the reason for confusion as to what really is the law
2. This approach has led to a narrow view of the functions of law
  1. This method was only one part of an overall project and in fact criticisms of narrowness was a matter for the science of legislation (i.e value judgements)
  2. constitutive conventions in external positivism like Austins is based on sources of law which is identified and associated with as a rule of recognition considers how social and moral practices form conventions whereas moral and political conventions cannot exist as they are founded on independant individual reasoning. Moral reasons and acted upon they are not the result of...
was influenced by auguste comte belief of using the inductive method only through which truth could be attained
1. Carl popper criticises this method as it is not the way scientists actually work and in fact is detached from the actual practice of law
basis for using this method was to provide some form of acceptable rationale which would defeat the uncertainty thereby aquiring deference to decisions
analysis of what makes law approached in this manner suggests an empirical investigation

Resource summary

	Created by crimson over 10 years ago