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Articles 1 - 2 of 2
Full-Text Articles in Legal History
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
Susan D. Carle
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne
Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne
Péter Cserne
This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typically combine common sense factual beliefs, moral intuitions, and philosophical theories of earlier ages with sound moral principles, and empirical knowledge. An important task of legal theory is to provide a ‘rational and critical foundation’ for these doctrines. This does not only imply conceptual clarification in light of an epistemic ideal of objectivity but also involves legal theorists in ‘enlightenment’ about empirical facts, ‘demystification’ …