The Feminism and Legal Theory Project

theory of law

I. situating

But holism is a controversial view within the law. One might imagine that holism is area particular. That is, it might be the case that all of tort law hangs together, but that tort regulation is a more or less closed system. It could possibly be the case that legal legislation operates on a unique set of ideas than people who function in tort, and hence that conclusions reached in criminal law are different from these reached in tort regulation on analogous questions. Of course, the area of coherence could possibly be the next or decrease degree of generality than doctrinal area.

See Greenberg, The Standard Picture, supra observe 2, at sixty six-sixty seven. As I say there, I don’t mean to counsel that authorized students are confused about the distinction between texts and rules. Id. at 67 n.34.

If regulation is to take its coherence not from what is imposed from without but from the mutual attraction of parts inside society, the key element of regulation isn’t submission but identification and differentiation.5 The essential dimension of the pluralism represented by the transfer of a authorized ethnology from conventional societies to modern worldwide society is the popularity that there isn’t any superior power capable of imposing its will to resolve the risks implied by an immanentist concept of regulation. This is for Rouland a constructive growth. Post-fashionable regulation turns to the options of conventional legislation, the place society affirms itself as made up of groups which can’t be … Read More

LAWS0011: Jurisprudence and Legal Theory

theory of lawIn a later version of his wealthy paper, he writes that the communicative content material of a statute (his preferred term is what a statute states) “leaves broad open the query of the contribution it makes to the regulation,” and concedes that the latter query goes “well beyond the philosophy of language.” Neale, The Intentionalism of Textualism 5 (2009) (unpublished manuscript) (on file with author). Aside from this official disclaimer, nonetheless, Neale seems to imagine all through that the communicative content of a statute is its contribution to the legislation. Moreover, if the disclaimer were taken seriously, Neale’s paper couldn’t do what it purports to do. For example, his paper claims, on solely linguistic grounds, to dissolve the talk between textualists and intentionalists. But that debate concerns a statute’s contribution to the content material of the legislation, not merely its communicative content.

The concept of the inner point of view plays a specific position in H.L.A. Hart’s principle of regulation, however this post is about a associated but distinct topic–the extra common role that the internal/exterior distinction performs in legal principle. –Causal theories (e.g. a public-selection theory that explains why a particular area of regulation has come to be the way in which it is) are normally stated from the external point of view.

Table of contents

See supra note 29. This understanding would considerably mitigate the directness of Dworkin’s reliance on the problematic idea that a precept could be law as a result of it is morally good. But, … Read More

Hans Kelsen’s Pure Theory of Law : Conceptions and Misconceptions

theory of lawGeorgetown Law additionally has numerous school who write on the idea of authorized interpretation. The Georgetown Center for the Constitution focuses on methods of constitutional interpretation, with a special emphasis on originalism. But school expertise on this space isn’t restricted to questions of constitutional interpretation. Georgetown Law faculty have written leading articles on statutory interpretation, the interpretation of administrative laws, contract interpretation, and the position of interpretation in the law of fraud and false promoting.

Firms and individuals go off and try to implement the “to dos” and realize, to their amazement, that their operational excellence efforts yield lower than anticipated and require more work than anticipated. This summary doesn’t even scratch the surface of the numerous theories that run through and around legislation.

, supra observe 2. As I use the time period, legal interpretation is the exercise of figuring out the content of the legislation. Statutory interpretation, specifically, seeks to ascertain a statute’s contribution to the content of the regulation. My utilization contrasts with one based on which interpretation is the exercise whose final aim is to determine the linguistic content material of the relevant legal texts.

But holism is a controversial view within the legislation. One may believe that holism is area specific. That is, it could be the case that all of tort regulation hangs collectively, however that tort legislation is a more or less closed system. It could possibly be the case that legal regulation operates on a unique set of principles than those that … Read More