LAW00520 Philosophy of Law, 3rd edition

Anne Louise Schillmoller, School of Law and Justice Southern Cross University

Abstract

Philosophy, not jurisprudence

Note that this is not a ‘jurisprudence’ unit. The reasons why will be discussed in detail in topic 1. Briefly, jurisprudence approaches questions about law from an ‘internal’ or ‘inside’ perspective, that is, one which seeks a conceptual basis for law from within law itself.This unit, however, aims to situate ideas about law and justice within a broader range of philosophical contexts. While traditional jurisprudence provides insights into particular theoretical movements within Anglo-Australian law, it fails to interrogatebroader philosophical frameworks or ‘external’ perspectives which inform thisjurisprudence. It is these broader frameworks which are the central concern of this uniand of the prescribed textbook, Asking the Law Question. (from the Introduction)