Areas of law: three questions in special jurisprudence

Khaitan, Tarunabh and Steel, Sandy (2023) Areas of law: three questions in special jurisprudence. Oxford Journal of Legal Studies, 43 (1). 76 - 96. ISSN 0143-6503

Text (Areas of law Three questions in special jurisprudence) - Published Version Available under License Creative Commons Attribution. Download (179kB)

• Author

Abstract

This article addresses three fundamental questions about a key phenomenon in special jurisprudence, ‘areas of law’: (i) what is an area of law; (ii) what are the consequences of dividing law into distinct areas; and (iii) what constitutes the foundations of an area of law. It claims that (i) ‘an area of law’ is a set of legal norms that are intersubjectively recognised by the legal complex as a subset of legal norms in a given jurisdiction; (ii) the sub-division of law into multiple areas matters to the content and scope of legal doctrine, to law’s perceived legitimacy and possibly to its effectiveness; and (iii) the search for the normative foundations of an area of law is typically an inquiry into its ‘aims’ or ‘functions’. This article systematically articulates, explains and answers these three questions generally, ie in relation to areas of law as such.

Item Type:	Article
Official URL:	https://academic.oup.com/ojls
Additional Information:	© 2024 The Author(s)
Divisions:	LSE
Subjects:	K Law
Date Deposited:	17 May 2024 16:09
Last Modified:	16 Jul 2024 23:13
URI:	http://eprints.lse.ac.uk/id/eprint/123521

Actions (login required)

View Item