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The Planning Theory of LawLegality: Between Purposes and Functions

The Planning Theory of Law: Legality: Between Purposes and Functions [The chapter tries to show that Shapiro’s Planning Theory of Law contains in fact two theories, one internal and the other external. The internal one is based on conceptual analysis. In this regard, Shapiro claims that law can be best understood as a social plan to solve the moral problems of the community in certain circumstances. The logic of social planning makes law intelligible from the participant’s perspective. The external one is a kind of functional explanation, and the internal point of view plays no role under this approach. The idea is to identify what social needs law satisfies for the community that holds a legal system. The conclusion of the chapter is that even if one is not persuaded by Shapiro’s arguments against the previous positivist theories like Hart’s, there are good theoretical reasons to value the Planning Theory of Law: it provides a mixed understanding of legal practices; it captures at the same time two aspects of the social reality. On the one hand, it presents a view of law that accommodates most of the fundamental characteristics of legal systems. On the other hand, it offers a functional analysis of law that illuminates the valuable services law provides for us.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Planning Theory of LawLegality: Between Purposes and Functions

Part of the Law and Philosophy Library Book Series (volume 100)
Editors: Canale, Damiano; Tuzet, Giovanni
Papayannis, Diego M.
The Planning Theory of Law — Jul 11, 2012
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Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media Dordrecht 2013
ISBN
978-94-007-4592-6
Pages
89 –128
DOI
10.1007/978-94-007-4593-3_5
Publisher site
See Chapter on Publisher Site

Abstract

[The chapter tries to show that Shapiro’s Planning Theory of Law contains in fact two theories, one internal and the other external. The internal one is based on conceptual analysis. In this regard, Shapiro claims that law can be best understood as a social plan to solve the moral problems of the community in certain circumstances. The logic of social planning makes law intelligible from the participant’s perspective. The external one is a kind of functional explanation, and the internal point of view plays no role under this approach. The idea is to identify what social needs law satisfies for the community that holds a legal system. The conclusion of the chapter is that even if one is not persuaded by Shapiro’s arguments against the previous positivist theories like Hart’s, there are good theoretical reasons to value the Planning Theory of Law: it provides a mixed understanding of legal practices; it captures at the same time two aspects of the social reality. On the one hand, it presents a view of law that accommodates most of the fundamental characteristics of legal systems. On the other hand, it offers a functional analysis of law that illuminates the valuable services law provides for us.]

Published: Jul 11, 2012

Keywords: Legal System; Corrective Justice; Master Plan; Internal Point; Moral Problem

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