Frederick Schauer, University of Virginia School of Law, is publishing Social Science and the Philosophy of Law in Cambridge Companion to the Philosophy of Law (John Tasioulas, ed., Cambridge, 2020). Here is the abstract.
H.L.A. Hart’s description of his jurisprudential enterprise as an exercise in “descriptive sociology” raises important questions, questions going beyond Hartian exegesis, about the role of empirical social science in addressing jurisprudential questions. This entry focuses on the background empirical assumptions and conclusions in Hart’s own work, on the empirical dimensions of conceptual analysis, on the empirical challenges of legal pluralism, and on the empirical aspects of philosophical analysis of legal reasoning and legal compliance.Download the essay from SSRN at the link.
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