Category Archives: General

Nicos Stavropoulos, ‘The Debate that Never Was’

The ‘Hart-Dworkin’ debate, which is widely understood to have dominated jurisprudence since the late 1960s, is a philosophical fiction. Hart only responded to Dworkin’s work in his Postscript to the Concept of Law (posthumously published in 1994), and although Dworkin wrote a rejoinder at the time, it had remained to this day unpublished. (It is […]

Magdalena Małecka, ‘Posner versus Kelsen: the challenges for scientific analysis of law’

Abstract: Law and economics scholars claim, among other things, to provide explanations of how law impacts behaviour. The aim of this article is to shed light on the conceptual and methodological difficulties related to analysis of the impact that law has on behaviour. The analysis advanced in the paper takes as its starting point a […]

Stewart Macaulay, ‘New Legal Realism: Unpacking a Proposed Definition’

Abstract: What is ‘new legal realism?’ How, if at all, does it differ from work in law and society? Does it have much to do with concerns of law professors? Where does it stand in the law school work now and in the immediate future? What, if anything, do we gain by turning toward this […]

Baude, Chilton and Malani, ‘Making Doctrinal Work More Rigorous: Lessons from Systematic Reviews’

Abstract: Legal scholars, lawyers, and judges frequently make positive claims about the state of legal doctrine. Yet despite the profligate citation norms of legal writing, these claims are often supported in a somewhat imprecise way – such that the exact evidence is unclear or difficult for others to probe or falsify. In response to similar […]

‘Principal Costs: A New Theory for Corporate Law and Governance’

“For the last forty years, the problem of managerial agency costs – corporate managers shirking duties and diverting resources – has dominated the study of corporate law and governance. Many scholars treat the reduction of agency costs as the essential function of corporate law and governance. To reduce agency costs, these scholars would mandate corporate […]

Eike Götz Hosemann, ‘Privatrechtsidee und Common Law – Ein Kommentar zu Marietta Auer, Der privatrechtliche Diskurs der Moderne’

Zusammenfassung: Der vorliegende Beitrag ist entstanden als historisch-vergleichender Kommentar zu Marietta Auers jüngst veröffentlichtem Buch „Der privatrechtliche Diskurs der Moderne“. Den Anlass hierzu bot eine im Februar 2016 an der Universität Münster veranstaltete Tagung zum gegenwärtigen Stand der Privatrechtstheorie. Der Beitrag geht der Frage nach, welche Bedeutung die Idee eines eigenständigen Privatrechts im neuzeitlichen Common […]

Dagan and Kreitner, ‘The New Legal Realism and the Realist View of Law’

Abstract: This Essay reviews the two volumes jointly entitled The New Regal Realism, which were published recently by Cambridge University Press. NLR, on our reading, is a species of empirical legal studies, which has five distinctive features: (1) NLR is law-centered – it carefully addresses both legal doctrine and legal institutions; (2) NLR is deeply […]

‘New Philosophy Resource’

“Struggle to keep updated on the latest philosophy papers in your research area? Despair no longer! Andrea Raimondi has developed a resource called The Philosophy Paperboy. This is a webpage that ‘publishes the latest contents from philosophy journals around the world’ and it is super easy to search for keywords. I tested it with a […]

Joshua Segev, ‘The (Unified?) Fiduciary Theory of Judging: Hedgehogs, Foxes and Chameleons’

Abstract: There has been a resurgence of interest in constitutional theories about the role of the judge in the Anglo-American tradition in recent years. Another recurrent theme in contemporary American constitutional writing is the construction of fiduciary theories of government to limit and guide public officials’ discretion. Hence, the emergence of a unified fiduciary theory […]

Larry Alexander, ‘Is There a Case for Strict Liability?’

Abstract: In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My […]