On some possible uses of folk concepts and intuitions in legal theory: "what people do and think about going to Law" - and its philosophical relevance

• Marco Segatti ^[1]
  1. [1] Universitat de Girona

     Universitat de Girona

     Gerona, España

     
• Localización: Analisi e diritto = Análisis y derecho = Law and analysis = Droit et analyse = Análise e direito, ISSN 1126-5779, Nº. 2016, 2016, págs. 345-367
• Idioma: inglés
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• Resumen

  • The article examines the importance of "folk concepts" -that is, what ordinary people think about law- for one's undersrandjng of law and legal institutions. This line of enquiry is inspired by Joseph Raz's contention that it's a major rask of legal theory to advance our understanding of how people understand themselves in terms of law and by Brian Leiter's suggestion that, if ordinary intuitions are recognised to be crucial for the extension of our concept of law, our understanding of law should be informed by empirical investigations about the content of those intuitions. The paper argues that folk intuitions about law and legal institutions should be used to test the value of specific conceptions of law and legal institutions. The author uses the example of access to justice to illustrate how folk concepts and intuitions may be used to test these specific conceptions.