John Lunstroth (University of Houston Law Center) has posted Renewing Legal Theory: History and the Unity of Legal Things on SSRN. Here is the abstract:
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I submit an historicist theory of law. I address the relationship between nature and law in general; the nature of law; the nature and taxonomy of legal things; the effect of the Enlightenment on legal theory; the relationship between science and law, and between law and history; the poverty and dangers of both positivism and natural law theory; and I address several philosophical issues that are concomitant to an understanding of law in general, including the role of the universal, the centrality of the vision of life; the relationship between life and consciousness (critiquing Nagel’s new book in the process); sacrifice; and the future, among other things. I explicitly place myself in the Aristotelian/Hegelian traditions. I include a few remarks in which I apply my theory to some problems in contemporary political theory, focused to a certain degree on interpretive issues in interpretation of the US Constitution.
