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Legal Theory Commons

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Full-Text Articles in Legal Theory

The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni Jun 2017

The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni

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Intransitive choices, or cycling, are generally held to be the mark of irrationality. When a set of rules engenders such choices, it is usually held to be irrational and in need of reform. In this article, we prove a series of theorems, demonstrating that all feasible legal regimes are going to be rife with cycling. Our first result, the legal cycling theorem, shows that unless a legal system meets some extremely restrictive conditions, it will lead to cycling. The discussion that follows, along with our second result, the combination theorem, shows exactly why these conditions are almost impossible to meet. …


The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan Jan 2009

The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan

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No abstract provided.


Method And Principle In Legal Theory, Stephen R. Perry Jan 2002

Method And Principle In Legal Theory, Stephen R. Perry

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No abstract provided.