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Full-Text Articles in Law

Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams Jan 1987

Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams

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No abstract provided.


Legal Fiction, James Boyle Jan 1987

Legal Fiction, James Boyle

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No abstract provided.


Law And Morality: A Kantian Perspective, George P. Fletcher Jan 1987

Law And Morality: A Kantian Perspective, George P. Fletcher

Faculty Scholarship

The relationship between law and morality has emerged as the central question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision. Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a necessary condition for holding that a statute is law; or, with Ronald Dworkin, that moral principles supplement valid enactments as components of the …