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Constructive conceptual explanation

In: Understanding the Nature of Law

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Abstract

This chapter assesses the net impact of the objections introduced in the first chapter. While parts of these objections can be met, more importantly they reveal the need for analytical legal theorists to move beyond conceptual analysis of law and towards constructive conceptual explanation of law. Conceptual analysis attempts to uncover the implicit features of a particular culture’s self-understanding of law, and so is inherently conservative, while constructive conceptual explanation seeks to modify or develop new and improved conceptual explanations of law for use in characterizing and understanding the social reality of law.

Suggested Citation

  • ., 2015. "Constructive conceptual explanation," Chapters, in: Understanding the Nature of Law, chapter 2, pages 43-66, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16589_2
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    File URL: https://www.elgaronline.com/view/9781784718800.00009.xml
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    Cited by:

    1. Ionuț MIȘA & Meral KAGITCI, 2020. "BEPS – A challenge for the increasing budget revenues in the process of digitalization," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania / Editura Economica, vol. 0(4(625), W), pages 331-344, Winter.
    2. Piegeler, Monika & Röhl, Klaus-Heiner, 2015. "Gründungsförderung in Deutschland: Ein Aktionsplan gegen sinkende Gründerzahlen," IW policy papers 17/2015, Institut der deutschen Wirtschaft (IW) / German Economic Institute.

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    Law - Academic;

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