Philosophy of Law
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Scott J. Shapiro (Yale University – Law School) has posted What is the Rule of Recognition (and Does it Exist)? (THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler, Kenneth Himma, eds., Oxford University Press, 2009) on SSRN. Here is the abstract: One of the principal lessons of The Concept of Law is that
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Brian Leiter (University of Chicago Law School) has posted Naturalizing Jurisprudence: Three Approaches (J. Shook & P. Kurtz (eds.), THE FUTURE OF NATURALISM (Amherst, NY: Prometheus Books, 2009)). Here is the abstract: General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident,
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Michael Steven Green (College of William and Mary – Marshall-Wythe School of Law) has posted Kelsen, Quietism, and the Rule of Recognition (THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION, Matthew D. Adler, Kenneth E. Himma eds., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: Sometimes the fact that something is the
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Jeremy Waldron (New York University – School of Law) has posted The Concept and the Rule of Law (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract: This article explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we do in general jurisprudence on the
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Ekow Yankah (Cardozo) has posted Virtue’s Domain on SSRN. Here is the abstract: If at the end of your life you were told you had fulfilled all your moral duties, you would be proud. If you were told you only fulfilled your moral duties, you would be less proud. We all aim to do more
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Laurie Claus (University of San Diego) has posted The Empty Idea of Authority on SSRN. Here is the abstract: The idea of authority is a fabrication. Claims of moral right to be obeyed owe their historic salience to the self-interest of claimants. When Enlightenment scholars demolished the divine right of kings, they should have disabused
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Larry Alexander and Frederick Schauer (University of San Diego School of Law and Harvard University – John F. Kennedy School of Government) have posted Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance (The Rule of Recognition and the U.S. Constitution (Matthew Adler & Kenneth Himma, eds., Oxford University Press 2009))
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John Mikhail (Georgetown University – Law Center) has posted Moral Grammar and Intuitive Jurisprudence: A Formal Model of Unconscious Moral and Legal Knowledge (THE PSYCHOLOGY OF LEARNING AND MOTIVATION: MORAL COGNITION AND DECISION MAKING, D. Medin, L. Skitka, C. W. Bauman, D. Bartels, eds., Vol. 50, Academic Press, 2009 ) on SSRN. Here is the
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Orin Kerr & Sasha Volokh have an interesting exchange going on the is-ought distinction & the nature of (constitutional) law. There are four posts: Kerr-Confusing "Is" and "Ought" in Constitutional Law Volokk-Is the "is"/"ought" distinction so clear in constitutional law? Kerr-A Reply to Sasha on The "Is"/"Ought" Distinction Volokh-Day of the Iguana The exchange is
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Andrew Halpin (Swansea University School of Law) has posted Methodology and the Articulation of Insight: Some Lessons from MacCormick’s ‘Institutions of Law’ (LAW AS INSTITUTIONAL NORMATIVE ORDER, Zenon Bankowski, Maksymilian Del Mar, eds., Ashgate, 2008) on SSRN. Here is the abstract: This contribution to a collection on Neil MacCormick’s INSTITUTIONS OF LAW explores the general