Himma on Conceptual Jurisprudence

Kenneth Einar Himma (University of Washington – School of Law) has posted Conceptual Jurisprudence: An Introduction to Conceptual Analysis and Methodology in Legal Theory (REVUS: Journal for Constitutional Theory and Philosophy of Law, vol. 26 (2015)) on SSRN. Here is the abstract:

This essay attempts to provide an introductory explanation of the nature of conceptual analysis, how it is applied, and why it provides an important enterprise in legal theory. In addition, this essay explains how conceptual analysis is related to other areas in philosophy, such as metaphysics and epistemology. The nature of conceptual analysis in legal theory (conceptual jurisprudence) is explained, and illustrated with accessible examples, as providing an account of those properties that (1) distinguish things that are law from things that are not law which (2) constitute the former things as law. Three different methodological approaches are also explained and evaluated. Finally, the practical importance of conceptual jurisprudence is explained.

Highly recommended.