Category Archives: General

Raef Zreik, ‘Ronald Dworkin and Duncan Kennedy: Two Views of Interpretation’

ABSTRACT Ronald Dworkin and Duncan Kennedy represent arguably two opposing poles in legal theory. This paper offers a novel frame for reading their respective legal theories which reconceptualizes the traditional way in which they were opposed, and new ways to compare them, to understand their commonalities and their differences. While Dworkin is taken to be […]

Shivprasad Swaminathan, Review of Law in Theory and History: New Essays on a Neglected Dialogue (Del Mar and Lobban eds)

“… The volume is an important contribution to the topic, which has seen something of a resurgence lately and one from which both legal theorists and legal historians will greatly benefit. The essays in the volume emerge from a conference ‘Legal Theory and Legal History: A Neglected Dialogue?’ held at Queen Mary University of London […]

David Frydrych, ‘Hohfeld vs The Legal Realists’

ABSTRACT 2018 marked the centenary of Wesley Hohfeld’s untimely passing. Curiously, in recent years quite a few legal historians and philosophers have identified him as a Legal Realist. This article argues that Hohfeld was no such thing, that his work need not be understood in such lights either, and that he in fact made a […]

Chaim Saiman, ‘The Domain of Private Law: Conceptual Thought in Anglo American Law’

ABSTRACT Since the turn of the last century the domain of private law has decreased, as the role of public, procedural, and statutory law has expanded. The standard narrative offers two basic explanations. First, that realism deconstructed private law showing it to be a form of policy-making managed by judges, and second, that as the […]

Elisabeth de Fontenay, ‘Individual Autonomy in Corporate Law’

ABSTRACT The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court’s recognition of corporate religious rights in Burwell v Hobby Lobby […]

‘New Title: Geoffrey Samuel, Rethinking Legal Reasoning, Edward Elgar, 2018′

“A book claiming to rethink legal reasoning would seem to be one making a very bold, if not arrogant, claim. And so the first observation to be made about my new work – Rethinking Legal Reasoning (Edward Elgar, 2018) – is that ‘rethinking’ should perhaps be viewed more modestly. It ought, at least with regard […]

‘The Next Step in Comparing Law in Action with Law on the Books: A History’

“This blog post introduces a new paper, just posted on the New Legal Realism Project website (and on SSRN), entitled Legal Realist Innovation in the Wisconsin Law School Curriculum 1950-1970: Four Influential Introductory Courses. This new paper began with a blog post written for the New Realism Project, Law in Action, Law on the Books: […]

‘Layers of Intentions’

Martin Matczak, Three Kinds of Intention in Lawmaking, 36 Law and Philosophy 651 (2017). ‘Legislative intention’ is one of those concepts that many people use without recognizing the complexity of the underlying idea. The issue of statutory interpretation is frequently characterized as being a disagreement between ‘intentionalists’ and ‘textualists’, an argument regarding what role, if […]

Hanoch Dagan, ‘Autonomy and Pluralism in Private Law’

ABSTRACT The main claim of this Essay, prepared for the Oxford Handbook of the New Private Law, is that much of private law is guided by an autonomy-enhancing telos. This telos is intrinsic to private law because two of its pillars – property and contract – are essentially power-conferring. This autonomy-enhancing telos also stands at […]

Huffman and Charo, ‘Not So Common: Commercial Law in a Common Law Jurisdiction’

ABSTRACT In an invited contribution for the USEK Law Review symposium edition on the anniversary of the Lebanese Droit d’Affairs, the authors analyze the place of commercial law in a common law system, with the US as the primary exemplar. Huffman, Max and Charo, Valia, Not So Common: Commercial Law in a Common Law Jurisdiction […]