Philosophy of law (or legal philosophy) is concerned with providing a general philosophical analysis of law and legal institutions. Issues in the field range from abstract conceptual questions about the nature of law and legal systems to normative questions about the relationship between law and morality and the justification for various legal institutions.
Topics in legal philosophy tend to be more abstract than related topics in political philosophy and applied ethics. For example, whereas the question of how properly to interpret the U.S. Constitution belongs to democratic theory (and hence falls under the heading of political philosophy), the analysis of legal interpretation falls under the heading of legal philosophy. Likewise, whereas the question of whether capital punishment is morally permissible falls under the heading of applied ethics, the question of whether the institution of punishment can be justified falls under the heading of legal philosophy.
There are roughly three categories into which the topics of legal philosophy fall: analytic jurisprudence, normative jurisprudence, and critical theories of law. Analytic jurisprudence involves providing an analysis of the essence of law so as to understand what differentiates it from other systems of norms, such as ethics. Normative jurisprudence involves the examination of normative, evaluative, and otherwise prescriptive issues about the law, such as restrictions on freedom, obligations to obey the law, and the grounds for punishment. Finally, critical theories of law, such as critical legal studies and feminist jurisprudence, challenge more traditional forms of legal philosophy. That is my opinion however I am one person, what is yours?
Philosophical foundations are contained in the main ideas in the preamble to the Law, statute, and regulations, which are considered and the reasons for its formation, whose writing is placed in order from the philosophical aspect.
The philosophical element is defined as a consideration or reason that illustrates that the established regulations take into account the view of life, awareness, and legal ideals which include the inner atmosphere and the philosophy of a given country. While the historical foundation concerns empirical facts regarding the dynamics and development of problems and needs of society and the state. Thus, in reply to your question, it may be yes, maybe no, depends on the perspective in which where you stand.
My apology if this doesn't answer your question.
Regards
Syahnan
Legal studies are often philosophical, including the philosophy of punishment and the philosophy of legislation, as commentators in their writings and judges in their judgments refer to preparatory work or explanatory notes and this is what is called the philosophy of legislation
Actually, legal philosophy preoccupies with affording a philosophical analysis of law and legal institutions, and tends to be abstract than concrete and precise in other fields. In fact, philosophical nature of this discipline leads us to what philosophy is in general and outlines some preambles for the definition of philosophical rationality.
Whereas, legal history gives us to explore law and its relationship to the world of social movements, economic alteration, politics and government. It grants the society a scope to make a difference in the present occasions with a look to the past, an opportunity to understand the lengthy way of development that guided to the legal issues we struggle with in the present, and the chance to see the roots of the social powers that are shifting our world. It suggests a way to study legal institutions and the larger society and its interaction with law. It also provides a rich foundation for both practice and scholarship in all fields of law.
So, I believe legal studies are philosophical and history in the same time since they complete each others. In addition, the very nature of law makes its application without fail combined with philosophical ideas and notions. This convenient eyesight of law is connected to a view of legal philosophy as a doable philosophy. that is the reason how legal philosophy devises a map of legal knowledge and realities.
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