Legal Theory From The Regulative Point Of View, Alani Golanski
Dec 2012
Legal Theory From The Regulative Point Of View, Alani Golanski
Alani Golanski
I argue that a concept of law that assigns primacy to the regulative role fulfilled by legal systems is best suited for explaining law’s discrete practice areas. This regulative point of view facilitates the development of a concept of law capable of cohering with theories of discrete legal areas. This posted paper revises the originally published Cumberland Law Review version.
Truth In Context: Sketching A (New) Historicist Legal Pedagogy, Randy D. Gordon
Dec 2012
Truth In Context: Sketching A (New) Historicist Legal Pedagogy, Randy D. Gordon
Randy D. Gordon
Although law is sometimes considered as (and taught as if it were) an autonomous discipline, it and other cultural artifacts are historically situated — they “grow out of a particular place and time.” One way to examine this intersection is with the tools of historicism, whether traditional (e.g., the historical determinism of Hippolyte Taine) or “New” (e.g., the cultural poetics of Stephen Greenblatt). Historicism teaches that any artifact bobs in a causal stream. It is both producing and produced. Through reverse engineering of artifacts, then, we can learn something about how they issued and what they may have in turn …
Gordon Lf Ijlc 20132.Pdf, Randy D. Gordon
Dec 2012
Gordon Lf Ijlc 20132.Pdf, Randy D. Gordon
Randy D. Gordon
In the popular imagination, legal proceedings and their rules of law are thought of as paths to unalloyed truth. Both practitioners and scholars know this is often not the case because the law is, as are other domains, riddled with fictions. Indeed, the law sometimes borrows fictions from other domains to help it achieve results that would otherwise be unobtainable. One such place is securities law, in which courts in the United States have borrowed the concept of the “efficient market” from economics to make fraud class actions possible. But that concept is — if not wholly — at least …
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
Dec 2012
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
Péter Cserne
This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.
