Joshua P. Davis (University of San Francisco – School of Law) has posted Jurisprudential Jujutsu on SSRN. Here is the abstract:
- Jules Coleman’s article, “The Architecture of Jurisprudence,” Yale Law Journal, Vol. 121, p. 2, 2011, seeks to adapt legal positivism to accommodate a greater degree of normativity than conventional wisdom would allow. One might describe his effort to preserve positivism by yielding as a form of jurisprudential jujutsu. This response argues that Coleman’s jujutsu, at least as he has developed it thus far, fails to the extent law has moral legitimacy.