Category Archives: General

Alex Silk, ‘Theories of Vagueness and Theories of Law’

ABSTRACT It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed […]

‘Legal Theory Lexicon: The Reasonable Person’

“The notion of a ‘reasonable person’ usually makes its first appearance in the Torts course. The context, of course, is the tort of negligence, where the ‘reasonable person’ is used to define the standard of care that triggers liability for unintentional harms. But what makes a ‘reasonable person’ reasonable? The concept of the reasonable person […]

Matthew Kramer, ‘On No-Rights and No Rights’

ABSTRACT As is well known to everyone familiar with the analytical table of legal and moral relationships propounded by the American jurist Wesley Hohfeld, one of the eight positions in the table is that of the no-right. In most discussions of Hohfeld’s overall framework, no-rights have received rather little attention. Doubtless, one reason for the […]

‘Apex Courts and the Common Law’

“Apex Courts and the Common Law, a collection I edited for University of Toronto Press is now on sale and will be available from next month. On SSRN I have uploaded the introductory chapter …” (more) [Paul Daly, Administrative Law Matters, 18 April]

Matthew Shapiro, ‘Civil Wrongs and Civil Procedure’

ABSTRACT Civil wrongs are conventionally redressed through civil litigation, which, in turn, is constituted and governed by ‘transsubstantive’ rules of civil procedure. What place, if any, should the general processes of civil litigation and rules of civil procedure have in a theory of private law organized around the concept of civil wrongs? In answering that […]

‘Brexit likely to “tear” Ireland from common law system – judge’

“Brexit is likely to ‘tear’ Ireland away from the influence of the common law system and ‘perhaps even rupture’ centuries-long ties between the Irish and English legal systems, a leading Irish judge has said. Gerard Hogan, who was appointed advocate general of the Court of Justice of the EU last year, warned that there would […]

Shai Stern, ‘Imperfect Takings’

ABSTRACT Three concerns are inherent to the power of eminent domain – when a government forcibly takes away private property to provide a social good: abuse of this power, unfair distribution of burdens among members of society, and inefficient implementation of the government project. To protect against these undesirable outcomes, expropriation laws in most Western […]

Jeremiah Ho, ‘Law as Instrumentality’

ABSTRACT Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law – from legal realism to critical legal studies movements and postmodernism – the formalist conception of ‘law as science’, as promulgated by Christopher Langdell at Harvard Law School […]

Marnix Snel, ‘Making the implicit quality standards and performance expectations for traditional legal scholarship explicit’

ABSTRACT Scholars in search of quality standards for traditional legal scholarship could well end up disappointed. By answering the question concerning what standards legal academics use for evaluating such works – through reviewing the international literature on evaluative standards and interviews with forty law professors – this Article aims at filling this gap. This Article […]

Eric Segall, ‘The Law Review Follies’

ABSTRACT Law review articles are too long, have too many footnotes, and are selected for publication by well-meaning law students who can’t possibly evaluate the merit of what they are reading. This essay documents just a few aspects of the Law Review Follies and suggests a few quick fixes. Segall, Eric, The Law Review Follies […]