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Full-Text Articles in Law
Legality, Morality, Duality, Joshua Davis
Legality, Morality, Duality, Joshua Davis
Joshua P. Davis
This Article proposes legal dualism as a novel resolution to one of the central debates in jurisprudence—that between natural law and legal positivism. It holds that the nature of law varies with the purpose for which it is being interpreted. Natural law provides the best account of the law when it serves as a source of moral guidance and legal positivism when it does not. The Article explores dualism by contrasting it with the defense of legal positivism in Scott Shapiro’s justly renowned book, LEGALITY. Shapiro offers arguably the most sophisticated defense of positivism to date. This Article argues that …
Jurisprudential Jujutsu, Joshua Davis
Jurisprudential Jujutsu, Joshua Davis
Joshua P. Davis
Jules Coleman’s article, “The Architecture of Jurisprudence,” 121 YALE L.J. 2 (2011), seeks to adapt legal positivism to accommodate a greater degree of normativity than conventional wisdom would allow. One might describe his effort to preserve positivism by yielding as a form of jurisprudential jujutsu. This response argues that Coleman’s jujutsu, at least as he has developed it thus far, fails to the extent law has moral legitimacy.
Adjudicative And Epistemic Recognition, Christian Dahlman
Adjudicative And Epistemic Recognition, Christian Dahlman
Christian Dahlman
No abstract provided.