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Full-Text Articles in Social and Behavioral Sciences
How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar
ExpressO
This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Faculty Works
For so long as it has been important to know what the law is, the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.
Part I of the paper introduces a holistic approach to medium theory - the idea that methods of communication influence social development and ideology - and applies the theory to the development of legal …