Legal Theory

As the study of entrepreneurship and the study of business ethics become increasingly established, the intersection of entrepreneurship and ethics is receiving increasing scholarly attention. In this paper, we review the research connecting ethics…

There is increasing concern that most current published research findings are false. The probability that a research claim is true may depend on study power and bias, the number of other studies on the same question, and, importantly, the ratio of…

This paper is concerned with those actions of business firms which have harmful effects on others. The standard example is that of a factory the smoke from which has harmful effects on those occupying neighboring properties. The economic analysis of…

This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of administrative law mechanisms to promote greater accountability in decisionmaking and…

As public power is increasingly exercised in structures of global governance, principles of domestic law and politics are extended to the global level, with serious repercussions for the structure of international law. Yet, as this article seeks to…

The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the…

Reprint of the first edition. This classic work by the importantAustrian jurist is the fullest exposition of his enormouslyinfluential pure theory of law, which includes a theory of the state.It also has an extensive appendix that discusses the pure…

Debates about judicial authority-including debates about the desirability of judicial review of legislation-025EFsometimes turn on the question of whether judges have superior skills when it comes to addressing what are, essentially, moral issues…

Hans Kelsen's claim that the state and the law are identical is surrounded by a somewhat mystical air. Yet, the identity thesis' loses much of its mystical aura when it is seen as an attempt to recast the state, qua social fact, in deontological…

The core of Kelsen's strong views on authority emerging from his concept of law is this: Authority of la, authority in law and authority about law are one and the same thing. The conceptual problems suggested by these three different prepositions…

The concept of human rights is the mother's milk of the international community. Problem is, these days human rights come in more flavors than coffee or soft drinks. Would you like the Asian, Islamic, indigenous, economic, European, or U.S. version?…

Nietzsche attributes 'will power' to all living things, but this seems in sharp conflict with other positions important to him-and implausible besides. The doctrine smacks of both metaphysics and anthropomorphizing, which he elsewhere derides. Will…

Economic analysis of law usually proceeds under the assumptions of neo-classical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This…

Why do members of the public disagree - sharply and persistently - about facts on which expert scientists largely agree? We designed a study to test a distinctive explanation: the cultural cognition of scientific consensus. The 'cultural cognition…

This article examines the current debate about the nature of democracy and discusses the main theses of the approach called deliberative democracy in its two main versions, the one put forward by John Rawls, and the other one put forward by Jürgen…

The rapidly growing field of cognitive neuroscience holds the promise of explaining the operations of the mind in terms of the physical operations of the brain. Some suggest that our emerging understanding of the physical causes of human…

It is sometimes assumed that voting is the central mechanism for political decision-making. The contributors to this volume focus on an alternative mechanism, that is decision by discussion or deliberation. The original contributions include case…

The goal of this paper has been to defend libertarian paternalism, an approach that preserves freedom of choice but that authorizes both private and public institutions to steer people in directions that will promote their welfare. Some kind of…

What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must…

John Rawls's A Theory ofJusticel marks a pivotal turning point in the most recent history of practical philosophy, for he restored long-suppressed moral questions to the status of serious objects of philosophical investigation. Immanuel Kant posed…