Methodology

Halpin, Andrew

doi:10.1002/9781444320114.ch43

Search citation statements

Order By: Relevance

Paper Sections

Select...

Other1

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2017

Publication Types

Select...

Article1

Relationship

Self Cite0

Independent1

Authors

Journals

Cited by 1 publication

(1 citation statement)

References 29 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…By contrast, a "modest" conceptual analysis merely aims to elucidate a concept qua 8 Hohfeld 1913;Hart 1982;Raz 1986;Raz 1994. 9 E.g., Halpin 1997, p. 11. 10 E.g., Huemer 2015, p. 52.…”

Section: Conceptual Analysis and Analytic Definitionsmentioning

confidence: 99%

Down The Methodological Rabbit Hole

Frydrych

2017

CRHF

View full text Add to dashboard Cite

This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “metatheoretical” desiderata. It contends that, to date, legal philosophical appeals to such norms have not been as helpful as some suggest. Section 5 returns to the issue of concept selection by addressing whether legal theorising is an invariably “normative” enterprise. It argues that certain “normativist” methodologies, such as Dworkin’s constructive interpretation and Finnis’ appeal to the central case of the internal point of view, are unnecessary.

show abstract

“…By contrast, a "modest" conceptual analysis merely aims to elucidate a concept qua 8 Hohfeld 1913;Hart 1982;Raz 1986;Raz 1994. 9 E.g., Halpin 1997, p. 11. 10 E.g., Huemer 2015, p. 52.…”

Section: Conceptual Analysis and Analytic Definitionsmentioning

confidence: 99%

Down The Methodological Rabbit Hole

Frydrych

2017

CRHF

View full text Add to dashboard Cite

show abstract

Methodology

Cited by 1 publication

References 29 publications

Down The Methodological Rabbit Hole

Down The Methodological Rabbit Hole

Contact Info

Product

Resources

About