Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 28 November 2020

Abstract and Keywords

This article presents current practice and historical evidence about the common law. Common law and its widely shared conceptualizations are considerably very complex. It discusses the concept of artificial reason in common law that differs in two respects from natural law. The aim of this artificial reason is as a convergence of judgment on common solutions, thereby securing effective practical guidance. Its characteristic mode of functioning may raise important issues for the philosophical understanding of the nature of law and legal reasoning. The article expresses material conventionalism and the congruence thesis and raises various arguments. This article further outlines key themes and broad notions of common law jurisprudence and translates them into a contemporary philosophical expression and explores arguments that might be given in support of them.

Keywords: common law, artificial reason, jurisprudence, philosophical understanding, legal reasoning

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.