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The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin
The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin
San Diego Law Review
Legal Realism has undergone a revitalization in academia. In a series of articles over the past decade and a half, and in a 2007 book, Brian Leiter has offered a "philosophical reconstruction" of Legal Realism... In the forthcoming Article, I will seek to clarify further the normative dimension of Legal Realism. I will suggest that it is a mistake to divide Legal Realists into quietist camps. This is because these terms refer to two distinct phenomena. Nonquetism in a view of the lawmaking role: judges are legislators-they make law and policy plays a role in their lawmaking. Quietism reflects a …
The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander
The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander
San Diego Law Review
My topic in this essay is a major fault line within normative theory. More precisely, it is a major fault line within that part of a normative theory that deals with the content of our moral obligations to others. When I refer to moral obligations here, I am referring to those acts that morality demands of us such that it permits force or its threat to be employed to secure those acts. Moral obligations as I use the term are thus candidates for legal enforcement. I argue that much of what is debated within liberal political/moral theory can be usefully …