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Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green Jul 2010

Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green

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Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds Jun 2010

Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds

Noel B Reynolds

This lecture summarizes the main attempts to formulate an understanding of rule of law among legal theorists and explains why they fail to account for the real experience of law. It also explains key characteristics of law that need to be recognized in an adequate account of the rule of law.


The Union Of Legal And Political Theory, Noel B. Reynolds Feb 2010

The Union Of Legal And Political Theory, Noel B. Reynolds

Noel B Reynolds

This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.