Law is a practice that claims to be aligning itself with objective truth: The Law. Natural law theories justified this state of affairs for centuries, but in the wake of the collapse of traditional natural law theories there appears to be no ontological account of law that does credit to the depth of the practice. In particular, legal positivism has failed to fulfill its promise to provide guidance after the eclipse of natural law. Using Steven Smith\u27s, Law\u27s Quandary, as a touchstone, I will account for the ontology of law in a naturalistic manner, but without relapsing to traditional natural law accounts. I draw guidance from contemporary theories of rhetoric and hermeneutics, and conclude that law\u27s quandary is really life\u...
Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have aban...
This paper responds to the linchpin and central problem of jurisprudence in all its variants (legal ...
Modern science has developed the notion of natural laws to describe the apparent sequential patter...
This is the last sentence of Steven Smith\u27s elegant book, Law\u27s Quandary: [I]n the meantime.....
A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvar...
The question of the place of higher law in the ordinary practice of law is even now dogged by the br...
In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to o...
This Article will explore a few central aspects of Smith\u27s fascinating and provocative argument. ...
Stuart Banner’s The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They ...
Like most terms natural law has had, and has, a variety of meanings. In most of its meanings it to...
Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have aban...
The moral and intellectual crisis of our time has not spared the science of law, jurisprudence. It i...
This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natura...
The growing influence of utilitarianism and legal positivism in American jurisprudence today and the...
Positivist and natural law theories are interested in answers to different questions, and are mostly...
Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have aban...
This paper responds to the linchpin and central problem of jurisprudence in all its variants (legal ...
Modern science has developed the notion of natural laws to describe the apparent sequential patter...
This is the last sentence of Steven Smith\u27s elegant book, Law\u27s Quandary: [I]n the meantime.....
A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvar...
The question of the place of higher law in the ordinary practice of law is even now dogged by the br...
In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to o...
This Article will explore a few central aspects of Smith\u27s fascinating and provocative argument. ...
Stuart Banner’s The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They ...
Like most terms natural law has had, and has, a variety of meanings. In most of its meanings it to...
Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have aban...
The moral and intellectual crisis of our time has not spared the science of law, jurisprudence. It i...
This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natura...
The growing influence of utilitarianism and legal positivism in American jurisprudence today and the...
Positivist and natural law theories are interested in answers to different questions, and are mostly...
Peter Goodrich describes the plight of contemporary legal theory with concise accuracy: We have aban...
This paper responds to the linchpin and central problem of jurisprudence in all its variants (legal ...
Modern science has developed the notion of natural laws to describe the apparent sequential patter...