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Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi
Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi
Faculty Scholarship
Even the best scholars rarely persuade. Mostly, they illuminate. They make us more discerning readers and interlocutors.
Here I want to illustrate how Frederick Schauer's work on the law of free speech can help us to read what may be the single most influential judicial opinion ever written on that subject, Justice Holmes's famous dissent in Abrams v. United States. So far as I am aware, Schauer has not produced anything like a line-by-line parsing of the Holmes opinion. I claim nevertheless that a reader familiar with Schauer's ideas is far better prepared on that account to understand what Holmes …
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Faculty Scholarship
This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?
My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …