, Volume 1, Issue 4, pp 308-316
Date: 23 Apr 2003

Taupitz, J. (ed.): Die Bedeutung der Philosophie für die Rechtswissenschaft—Dargestellt am Beispiel der Menschenrechtskonvention zur Biomedizin. (The Meaning of Philosophy for the Legal Sciences—According to the Convention for the Protection of Human Rights and Biomedicine)

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The discussion on the relationship between Philosophy and Legal Sciences is as old as these disciplines can be, since both share a lot of common fields (e.g., the concept of a human being and above all the theory of norms and its foundation). Philosophy provides a theoretical and legitimatory basis for Law. Law—among other factors—shapes the development of the experienced idea of mankind. This might indirectly exert an influence upon philosophical reflection and its evolution.

As with any other intense relationship, this one has faced a lot of problems. In this sense one may find authors that would even deny its existence, so asserting the complete independence of Legal Sciences and Philosophy. This would mean that Law and the Legal Sciences do not depend on ethical reasoning at all in the determination of what is right or wrong or in general in the stipulation of legal terminology. For the positivists Law would even be just written Law, leaving out its scope for any abstract or customa ...

Springer–Verlag, Berlin–Heidelberg–New York 2001. VIII 103 pp. (ISBN 3–540–42154–8), € 49.95.