Philosophy of Law
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Torben Spaak (Uppsala University – Law) has posted Meta-Ethics and Legal Theory: The Case of Gustav Radbruch on SSRN. Here is the abstract: The received view among legal theorists has been that Gustav Radbruch’s post-war stand point on the nature of law was that law and morality are conceptually connected, and that therefore laws that…
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Torben Spaak (Uppsala University – Law) has posted Alf Ross on Legal Rights on SSRN. Here is the abstract: In this article, I discuss Alf Ross’s claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of…
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The Legal Theory Bookworm recommends Natural Law in Jurisprudence and Politics by Mark C. Murphy. Here is a blurb: Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. Mark C. Murphy argues that the central thesis of natural law jurisprudence–that law is backed by decisive…
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Michael Steven Green (William & Mary) has posted Does Dworkin Commit Dworkin’s Fallacy? – A Reply to Justice in Robes on SSRN. Here is the abstract: In Dworkin’s Fallacy, Or What the Philosophy of Language Can’t Teach Us About the Law, I described a common fallacy among philosophers of law, in which jurisprudential conclusions are…
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Danny Priel’s Farewell to the Inclusive-Exclusive Debate is available on Westlaw (and from the OUP website). Here’s the abstract: In recent years there has an ongoing debate between two versions of legal positivism. According to one, called exclusive positivism, whenever the law refers to morality, the law necessarily directs its subjects to an external, non-legal, standard, because there is…