Legal Theory
In this subdiscipline:
1,321 papers
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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…
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Abstract. This paper takes the dichotomy between "exclusive" and "inclusive" positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of "exclusive natural-law theory," on…
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In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues…
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In this paper I explore the concept of tolerance and suggest a description of that concept that could be accepted regardless of the political theory one supports. Since a neutral perception of the limits of tolerance is impossible, this paper offers…
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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…
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Unlike many practitioners of the economic analysis of law, Louis Kaplow and Steven Shavell take distributional issues seriously: that is, they acknowledge that the choice of a social welfare function (SWF) will involve attention to distributive…
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We live in an increasingly pluralistic legal and ideological universe. Nation-state legal regimes are currently supplemented by numerous transnational and global orders that defy any workable hierarchy or cogent unity. As a consequence, the various…
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In a number of publications, Gerald Gaus has presented an ambitious account of political morality that gives the ideal of public justification pride of place. This article critically discusses Gauss characterization and defense of the ideal of…
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Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a…
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In this paper, I make an attempt to look for a thin and general concept of law that, as far as possible, should be neutral to the more substantial views of legal moralism and legal positivism, so that it is acceptable from both points of view. With…
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Esta investigación ya clásica de Carl Schmitt -cuya primera edición fue publicada en 1931- utiliza un amplísimo material histórico, científico-jurídico y filosófico para ilustrar, como indica su subtítulo, el desarrollo de ese concepto sistemático…
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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…
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Senior LecturerAsociación Chilena de Filosofía Jurídica y Social -
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Ph.D. StudentUnB - Universidade de Brasília