Three Forms of Legal Pragmatism
Charles L. Barzun
Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I aim to do some splitting. Specifically, I seek to distinguish among three distinct forms of legal…
A New Historical Jurisprudence?
Brian H. Bix
In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up analytical jurisprudence for years to come. In the course of a relatively short and highly accessible…
The Pragmatist Tradition: Lessons for Legal Theorists
Susan Haack
As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition in philosophy, its history, its character, and its content; and to suggest some of the ways…
The Data of Jurisprudence
Gerald J. Postema
In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it, partly because it tends to be narcissistic, but more because it can encourage an unwelcome form…
Phenomenology, Colonialism, and the Administrative State
Edward L. Rubin
In A Realistic Theory of Law, Brian Tamanaha rejects the claim that universal legal principles exist, and its variant that essential features of law applicable to all societies can be identified. He argues that we should define law in accordance…
Lawness
Fredrick Schauer
One of the more important insights in H.L.A.Hart’s The Concept of Law comes on the very first pages of the book, where Hart insightfully observes that the typical appeal for a definition of “law” is not really a search for…
Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society
Brian Tamanaha
Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological influences. Law must be understood naturalistically, historically, and holistically. In my usage, naturalism views humans as…
Congress in the Administrative State
Brian D. Feinstein
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars too often have overlooked it, and Congress is sub-optimally designed for its provision, but oversight has…
Campus Box 1120, One Brookings Drive, St. Louis, MO 63130
Copyright 2018 © All Rights Reserved