Andy Yu (University of Western Ontario) and Amin Ebrahimi Afrouzi (UCLA School of Law) have posted Vindicating Legal Rationalism (Synthese, forthcoming) on SSRN. Here is the abstract:
Legal rationalism is the thesis that law necessarily gives reasons for action. Despite an impressive intellectual pedigree and prominent proponents in the recent literature, David Enoch presents influential arguments against the thesis and claims that the thesis is “clearly” false. In this article, we argue that Enoch’s arguments fail. We address Enoch’s objections because we take them to be the strongest articulation of longstanding and widespread qualms about legal rationalism that many share. We do not, however, argue that legal rationalism is true. Rather, we only claim that even if legal rationalism is false, it is not false for the stated reasons. In this way, we vindicate legal rationalism.
Highly Recommended!
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