Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Law
Finding Footing In A Postmodern Conception Of Law, Bryan Druzin
Finding Footing In A Postmodern Conception Of Law, Bryan Druzin
Bocconi Legal Papers
The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. It will be argued that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles …
Finding Footing In A Postmodern Conception Of Law, Bryan Druzin
Finding Footing In A Postmodern Conception Of Law, Bryan Druzin
Bocconi Legal Papers
The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. It will be argued that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles …
Hart's 'Postscript' And The Nature Of Legal Theory, Matteo Mattioni
Hart's 'Postscript' And The Nature Of Legal Theory, Matteo Mattioni
Bocconi Legal Papers
This paper analyses the nature of Herbert L. A. Hart’s legal theory – that is the meta-cognitive aspect of his analytical jurisprudence – with reference to his last, unfinished writing (the Postscript to his Concept of Law, posthumously published in 1994) and to the recent, doubtful reply coming from the Postscript’s main addressee, the American philosopher Ronald Dworkin. After a brief – but not cursory – summation of the essential features of Hart’s and Dworkin’s legal theories and an overview of the debate that continued between the two up to the late 1980s, the present work delves into the Postscript’s …