Teoría del Derecho
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Abstract
One barrier to greater dialogue and greater understanding within Jurisprudence is the failure to appreciate the variety of forms and purposes among the different theories of or about (the nature of) law. Legal theorists are often somewhat to blame for the failure of clearer discussion about methodological issues, as they are frequently not as clear as they might be regarding the nature of claims they are making (e.g., descriptive versus prescriptive, conceptual versus empirical) or regarding the larger project for which their theories are a part. This entry attempts to offer a rough overview of the types and purposes of legal theory. The focus is primarily on theories about the nature of law. Other types of theories –e.g., regarding rights or the best approach to legal or judicial reasoning– may warrant a different overview.
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