Why Study Philosophy of Law ?

Bjarne Melkevik, « Why Study Philosophy of Law ? » (2010) 1 Studia Universitatis Babes-Bolyai: Iurisprudentia 3. 

The question concerning the relevance of the philosophy of law continues to influence the perceptions and attitudes of the researchers, scholars and professionals engaged in designing the academic and practical standards of the legal profession. Though the question may assume several modalities, it often remains embedded in distrust and resistance, despite the fact that the discipline has evidently produced, and continues to deliver multiple intellectual frameworks: the sort of analytical and dialogical settings needed so as to describe the ongoing issues and controversies challenging the coherence of democracy and stressing the validity of the law. The author of this article reconsiders some of the contemporary opinions which reproduce this question, and in so doing pleads for a consideration of legal philosophy as an investment in legal modernity. In this sense, the philosophy of law reveals itself as a building trust in an open-minded reflection about law as characterised by a modern democratic society. Thus, it an invitation to think about law in the perspective of authors engaging themselves in favour of is the law. In this view, the philosophy of law is construed as an intellectual enterprise build along the path of democracy, and contributing to the development of a modern conception about law.

Ce contenu a été mis à jour le 5 novembre 2015 à 19 h 43 min.