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Full-Text Articles in Law
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Man YIP
It is trite law that a valid and enforceable contract must be supported by consideration. The recent Court of Appeal case of Rainforest Trading Ltd v State Bank of India Singapore [2012] 2 SLR 713 is a further addition to the local jurisprudence on consideration, specifically the issue of past consideration. This note considers the specific issue of past consideration and argues that its label should be discarded in favour of a more realistic one that correctly emphasises its underlying concerns.
Legality, Morality, Duality, Joshua Davis
Legality, Morality, Duality, Joshua Davis
Joshua P. Davis
This Article proposes legal dualism as a novel resolution to one of the central debates in jurisprudence—that between natural law and legal positivism. It holds that the nature of law varies with the purpose for which it is being interpreted. Natural law provides the best account of the law when it serves as a source of moral guidance and legal positivism when it does not. The Article explores dualism by contrasting it with the defense of legal positivism in Scott Shapiro’s justly renowned book, LEGALITY. Shapiro offers arguably the most sophisticated defense of positivism to date. This Article argues that …
American Legal Realism And Practical Guidance, Joshua Davis, Manuel Vargas
American Legal Realism And Practical Guidance, Joshua Davis, Manuel Vargas
Joshua P. Davis
H.L.A. Hart’s well-known rejection of American Legal Realism turned in part on the idea that Realism lacked the resources to provide the sort of guidance that we might reasonably seek from a theory of law. Although Hart's criticisms were widely regarded as devastating, in recent years American Legal Realism has undergone something of a renaissance. The principal architect of that renaissance is Brian Leiter, who has re-established Realism as an important and even indispensable approach to jurisprudence. In this chapter, our aim is to show how, despite its considerable attractions, Leiter’s brand of Legal Realism appears to be in much …
The Limits Of Game Theory On Important Legal Issues, Robert Sanger
The Limits Of Game Theory On Important Legal Issues, Robert Sanger
Robert M. Sanger
Political strategists often talk in terms of targeting the “persuadable middle.” This term is used regarding volatile issues like same-sex marriage, war, or the death penalty. It is a core feature of undergraduate “game theory” classes taught within Economics departments but it is also a concept that has become a staple of political campaign consultants.
The “persuadable middle” concept is severely flawed in practice. Recent scholarly research has shown that the very fact of utilizing economic “game theory” and concepts like the “persuadable middle” has unintended consequences. By staying away from moral discourse in potentially volatile debates and focusing instead …