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Full-Text Articles in Jurisprudence
The Possibility Of Naturalistic Jurisprudence: Legal Positivism And Natural Law Theory Revisited, Dan Priel
The Possibility Of Naturalistic Jurisprudence: Legal Positivism And Natural Law Theory Revisited, Dan Priel
Articles & Book Chapters
Contemporary legal philosophy is predominantly anti-naturalistic. This is true of natural law theory, but also, more surprisingly, of legal positivism. Several prominent legal philosophers have in fact argued that the kind of questions that legal philosophers are interested in cannot be naturalized, such that a naturalistic legal philosophy is something of a contradiction in terms. Against the dominant view I argue that there are arguable naturalistic versions of both legal positivism and natural law. Much of the essay is dedicated to showing that such views are possible: I identify naturalistic versions of a “natural law” view, a “positivist” view, as …
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead
Articles & Book Chapters
Lawyers, whether advocating in court, negotiating deals on clients’ behalf, or writing advice letters and briefs, use words to make a living. Their aim is to use these “words” to problem-solve for clients and to deliver an outcome the clients consider positive. In reality, however, there are times in each lawyer’s career when he or she is not able to help clients achieve the results the clients are looking for. When this occurs, lawyers must deliver “bad news” to the client. For the purposes of this article, I define “bad news” as being “any information which adversely and seriously affects …