Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Conceptual JurisprudenceLaw as an Expression of Adopted Justice

Conceptual Jurisprudence: Law as an Expression of Adopted Justice [In this chapter, Matti Ilmari Niemi sets the stage for a novel approach to legal theory that captures the fundamental intuitions of natural law and positivist theories of law while fending off the core objections against them. Concerning natural law jurisprudence, Niemi argues that this approach properly captures that legal systems share many common values and protect human goods. However, mainstream natural law theorists are problematic because their principles either have a religious foundation or might appear as arbitrary. In turn, while legal positivism captures the factual dimensions of law, it fails to adequately capture the role that principles of morality and justice have in the interpretation of legal materials and the application of laws to specific cases. To overcome these issues, Niemi outlines the foundation of a view of law as an “expression of adopted justice.” In his view, this theory captures both the factual dimension of legal materials emphasized by positivists, while also describing the role of principles and substantive reasons in legal interpretation and the application of these materials.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Conceptual JurisprudenceLaw as an Expression of Adopted Justice

Part of the Law and Philosophy Library Book Series (volume 137)
Editors: Fabra-Zamora, Jorge Luis; Villa Rosas, Gonzalo
Niemi, Matti Ilmari
Conceptual Jurisprudence — Sep 2, 2021
Download PDF
18 pages

Loading next page...
 
/lp/springer-journals/conceptual-jurisprudence-law-as-an-expression-of-adopted-justice-wIilpmW7bO
Publisher
Springer International Publishing
Copyright
© Springer Nature Switzerland AG 2021
ISBN
978-3-030-78802-5
Pages
141 –159
DOI
10.1007/978-3-030-78803-2_9
Publisher site
See Chapter on Publisher Site

Abstract

[In this chapter, Matti Ilmari Niemi sets the stage for a novel approach to legal theory that captures the fundamental intuitions of natural law and positivist theories of law while fending off the core objections against them. Concerning natural law jurisprudence, Niemi argues that this approach properly captures that legal systems share many common values and protect human goods. However, mainstream natural law theorists are problematic because their principles either have a religious foundation or might appear as arbitrary. In turn, while legal positivism captures the factual dimensions of law, it fails to adequately capture the role that principles of morality and justice have in the interpretation of legal materials and the application of laws to specific cases. To overcome these issues, Niemi outlines the foundation of a view of law as an “expression of adopted justice.” In his view, this theory captures both the factual dimension of legal materials emphasized by positivists, while also describing the role of principles and substantive reasons in legal interpretation and the application of these materials.]

Published: Sep 2, 2021

There are no references for this article.