The purpose of this Article is to explore this myth, including its apparent inaccuracies, and to explain its persistence by recognizing the valid societal function that it fulfills. Part I will focus on this myth or religion of law--a law of rules--and attempt to explain its attractiveness to the nascent and practicing legal decisionmaker. Part II will explore the role of the lawyer within a process of decision making that is actually imbued with ambiguity. Finally, Part III will consider the remaining significance of the law as a very real factor that limits and controls the legal decisionmaker
The dominant understandings of the rule of law, legal interpretation, and judging are riddled with t...
Legal scholars typically understand law as a system of determinate rules grounded in logic. And in t...
My Essay is a response to legal realism, to its well-known arguments against rules of law. Legal r...
This Article situates the field of law within the interpretive disciplines and analyzes a number of ...
Legal activity invariably takes place within some structure, however lax. No matter how often the im...
Abandonment of a belief in the objectivity of knowledge, along with the postmodernist assertion that...
Law in the contemporary United States has achieved unchallenged ascendancy as the principal arena an...
Law is saturated with stories. People tell their stories to lawyers; lawyers tell their clients’ sto...
Few would dispute that law and legal procedures lie at the core of American self-identity and are wo...
The question I wish to raise is whether one must believe what one says when one makes a statement of...
The article has two aims: first to explain, andif possible escape, confusion about what law is and w...
The article explores the meaning of the rule of law within the American political and legal systems ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article examines three indicators of a functioning rule of law state. First, that the executive...
Considerable recent scholarship in law, the social sciences, and literary theory has explored the wa...
The dominant understandings of the rule of law, legal interpretation, and judging are riddled with t...
Legal scholars typically understand law as a system of determinate rules grounded in logic. And in t...
My Essay is a response to legal realism, to its well-known arguments against rules of law. Legal r...
This Article situates the field of law within the interpretive disciplines and analyzes a number of ...
Legal activity invariably takes place within some structure, however lax. No matter how often the im...
Abandonment of a belief in the objectivity of knowledge, along with the postmodernist assertion that...
Law in the contemporary United States has achieved unchallenged ascendancy as the principal arena an...
Law is saturated with stories. People tell their stories to lawyers; lawyers tell their clients’ sto...
Few would dispute that law and legal procedures lie at the core of American self-identity and are wo...
The question I wish to raise is whether one must believe what one says when one makes a statement of...
The article has two aims: first to explain, andif possible escape, confusion about what law is and w...
The article explores the meaning of the rule of law within the American political and legal systems ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article examines three indicators of a functioning rule of law state. First, that the executive...
Considerable recent scholarship in law, the social sciences, and literary theory has explored the wa...
The dominant understandings of the rule of law, legal interpretation, and judging are riddled with t...
Legal scholars typically understand law as a system of determinate rules grounded in logic. And in t...
My Essay is a response to legal realism, to its well-known arguments against rules of law. Legal r...