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Full-Text Articles in Law
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
Journal Articles
This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.
On "The Critical Legal Studies Movement", John M. Finnis
On "The Critical Legal Studies Movement", John M. Finnis
Journal Articles
"The present study critically examines the account of legal thought developed in Roberto Unger's very long article, ""The Critical Legal Studies Movement"" (1983), and tests it against Unger's own account of certain ""exemplary"" difficulties in the Anglo-American law of Contract. These scrutinies reveal that Unger's account fundamentally misunderstands the ways of legal thought, and disguises its misunderstanding behind equivocations on ""(in)determinate"" and ""(un)justified."""