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Articles 1 - 2 of 2
Full-Text Articles in Law
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
Political Economy, Interest Groups, Legal Institutions And The Repeal Of The Bubble Act In 1825, Ron Harris
Political Economy, Interest Groups, Legal Institutions And The Repeal Of The Bubble Act In 1825, Ron Harris
Ron Harris
This article argues that the repeal of the Bubble Act not only ushers in a crucial period in the development of the British capital markets and of the legal homework of business organization, but is also illuminating for those interested in the more general economic, political, legal, and even social aspects of the era. It argues, further, that neither the Diceyan paradigm nor a more elaborate public benefit paradigm can alone satisfactorily explain the repeal. Only by integrating the working of interest groups and of judicial culture and institutions can a more viable explanation be provided for the repeal of …