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Articles 1 - 11 of 11
Full-Text Articles in Legal Theory
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
Buffalo Law Review
No abstract provided.
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Journal of Legal Education
No abstract provided.
Discipline-Based Faculty, David E. Van Zandt
Discipline-Based Faculty, David E. Van Zandt
Journal of Legal Education
No abstract provided.
Tenure, Devon W. Carbado, Mitu Gulati
Tenure, Devon W. Carbado, Mitu Gulati
Journal of Legal Education
No abstract provided.
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
Journal Articles
No abstract provided.
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Faculty Scholarship
No abstract provided.
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Scholarly Works
This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.
Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …
Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum
Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …
The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden
The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden
Cornell Law Faculty Publications
Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper
Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper
Articles
The question I explore here, stated in its broadest form, is this: What is the connection between theory and practice between academic claims about how judges should decide cases and the actual behavior of judges as revealed in the opinions they write? More particularly, do theories about the nature of law have any implications for the question whether a judge should adopt an "activist" or a "restrained" approach to deciding cases? As you might infer from my title, I defend here what I call "the skeptical thesis" in answer to both the general and particular questions. Judges pay little or …