In the past, I've always asked questions that I would consider as "philosophy of law" in philosophy.SE, but now that our site is up, do they belong here? Or should we stick to relatively concrete questions on the law, as opposed to, say theories of punishment?
Examles: https://philosophy.stackexchange.com/questions/23896/capital-punishment-and-morality
https://philosophy.stackexchange.com/questions/20034/german-philosophers-on-french-revolution
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How would you define "philosophy of law"?– HDE 226868Commented May 30, 2015 at 23:41
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1@HDE226868 From the Wikipedia article on the subject: "Philosophy of law is a branch of philosophy and jurisprudence that studies basic questions about law and legal systems, such as "what is law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?", and many other similar questions"– RoyCommented May 31, 2015 at 10:07
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At minimum you'd have to be careful to avoid a subjective question.– CodesInChaosCommented May 31, 2015 at 15:34
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@Roy, Please link to those "philosophy of law" questions you have posted on philosophy.SE.– PacerierCommented Jun 2, 2015 at 9:37
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2 Answers
I would say yes, and would further propose the following affirmative (i.e., non-exclusionary) scope test: "If it is covered in law school, then it is in scope on Law.SE."
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Many things unrelated to law are covered in law school too. Are you sure we're going to apply "If it is covered in law school, then it is in scope on Law.SE"?– PacerierCommented Jun 2, 2015 at 9:38
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1@Pacerier: I guess Abstract Logic is sometimes covered and would be better elsewhere. What other Law School subjects would you consider potentially off-topic?– feetwet ModCommented Jun 2, 2015 at 12:40
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@feetwet : Regarding this comment, I would say this is legally not possible. This include U.S were stack exchange is based.– user4Commented Jun 12, 2015 at 22:27
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@feetwet, Morality, code of conduct plus ethics, office, writing, speech techniques to win a law case, etc.– PacerierCommented Jun 15, 2015 at 6:08
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I think that this question is an example where this answer applies, and should be reopened. Commented Apr 11, 2021 at 15:49
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If questions about philosophy of law are on-topic, then should it be explicitly stated in the help center?– OokerCommented Apr 11, 2021 at 16:35
Of the three examples you give in your comment, two are definitely on topic, and the other is potentially on topic.
- What is law? This is often the starting point of a legal education, often phrased as 'What are the sources of law?' It's closely connected to the second example:
- What are the criteria for legal validity? This is an interesting legal question, and depending on the jurisdiction the answer may not be at all obvious.
- What is the relationship between law and morality? I'm leaning towards this being on topic because issues of the morals of contemporary society are sometimes considered when a court examines old law, particularly in common-law systems.
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1There is a difference between what the community considers on-topic here, and what Stack Exchange is legally able to host.– user4Commented Jun 12, 2015 at 22:33
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