Conceptual analysis as a methodological tool of analytical jurisprudence

The paper presents a study of the place and importance ofconceptual analysis in the methodological arsenal of analytical jurisprudence. The article shows thenecessity of conceptual analysis in law, taking into account the specifics of this area of the humanities.Quines view that there is no non-circular way to explicate the notion of analyticity, together with hisobservation that any claim can be revised in the face of recalcitrant experience, is believed by some tohave conclusively refuted traditional views about conceptual analysis and metaphysics. Quinesanalysis shows, according to these philosophers, that philosophy lacks a distinctive methodology andthat philosophical theorizing should be continuous with scientific theorizing. The debate aboutmethodology began in epistemology, but is now prominent in other areas of philosophy including legalphilosophy; and there are a number of legal philosophers who accept Quines view that philosophyshould abandon conceptual analysis for a scientific methodology. Brian Leiter, the most influentialproponent of naturalism in legal philosophy, has complained that legal philosophy is one of the fewareas in philosophy that has ignored the damning Quinean criticisms of traditional conceptual analysis.While it is undeniably true that naturalistic philosophy thrives in many areas, traditional conceptualanalysis seems to be thriving in all areas of philosophy including, as Leiter suggests, philosophy of lawnot much has really changed. Theorists in all areas of philosophy continue to do conceptual analysis.Metaphysics continues to thrive, as does conceptual analysis in epistemology, meta-ethics, philosophyof mind, and philosophy of law. The concepts of law, free will, mind, knowledge, and goodness areexplored in hundreds of published papers every year - and the rigorous methodology presupposed inthese papers seems distinct from scientific methodology with its foundational reliance on induction andempirical observation.

Keywords

Authors

References