Category Archives: General

Dagan and Dorfman, ‘Justice in Private: Beyond the Rawlsian Framework’

Abstract: This article argues that contemporary accounts of justice miss a relational dimension of justice, which focuses on the terms private individuals’ interactions must meet for them to constitute relationships among equal, self-determining persons. The article develops the argument that the justice requirement to respect others as substantively free and equal individuals can sometimes be […]

‘Traditions, Myths, and Utopias of Personhood’: special number of the German Law Journal

Traditions, Myths, and Utopias of Personhood: An Introduction (Toni Selkälä and Mikko Rajavuori) Animals, Slaves, and Corporations: Analyzing Legal Thinghood (Visa Kurki) Unborn and Future Children as New Legal Subjects: An Evaluation of Two Subject-Oriented Approaches — The Subject of Rights and the Subject of Interests (Lisette ten Haaf) Approaches for Dealing with the ‘Natural […]

‘Comparative Legal Certainty: Legal Families and Forms of Measurement’

“Cross-country comparisons of legal certainty are en vogue today. Court decisions by the Court of Justice of the European Union (‘CJEU’), as well as the European Court of Human Rights (‘ECtHR’), frequently refer to the concept of legal certainty, drawing on the experiences of Member States. The comparison of legal certainty has recently also become […]

Diogo and Britto, ‘Distributive Justice, Public Policies and the Comparison of Legal Rules: Quantify the “Price of Equity”’

Abstract: This paper proposes a quantitative approach to study two methodological problems arising when a costly redistribution of resources is implemented through public policies or legal rules: (a) aggregating individual into social preferences and (b) choosing the object of maximization. We consider a redistribution intervention that reduces inequality but diminishes total wealth and we specify […]

Grewal and Purdy, ‘Inequality Rediscovered’

Abstract: Widespread recognition that economic inequality has been growing for forty years in most of the developed world, and in fact has tended to grow across most of the history of modern economies, shows that the period 1945-1973, when inequality of wealth and income shrank, was a marked anomaly in historical experience. At the time, […]

Kenneth Himma, ‘Is the Concept of Obligation Moralized?’

Abstract: Conceptual jurisprudence is concerned to explicate the concept of law and other concepts central to core legal practices, as we understand them. The centrality of obligation-talk to legal practice is obvious, as the very point of litigation is to resolve disputes regarding the obligations of the various parties. In this essay, I argue that […]

Fluet and Mungan, ‘The Signal-Tuning Function of Liability Regimes’

Abstract: Fault-based liability regimes require an inquiry into the nature of the defendant’s conduct, whereas this type of inquiry is absent in strict liability regimes. Therefore, verdicts reached through fault-based liability regimes can convey superior information compared to verdicts reached through strict liability regimes. Further reflection reveals that this advantage is enjoyed by fault-based liability […]

Wibren van der Burg, ‘The Merits of Law: An Argumentative Framework for Evaluative Judgements and Normative Recommendations in Legal Research’

Abstract: Is the law good? How can it be improved? These questions are frequently addressed, both in traditional doctrinal research and in interdisciplinary legal research. In this article, I elaborate a general argumentative framework for justifying evaluations and recommendations for legislative reform, and I identify the chains of argument for making evaluations and recommendations. This […]

Lawrence Solum, ‘Virtue as the End of Law: An Aretaic Theory of Legislation’

Abstract: This paper sketches an aretaic theory of legislation. Such a theory posits the flourishing of humans and their communities as the end or telos of law. The paper argues for a Neo-Aristotelian conception of human flourishing as a life of social and rational activities that express the human excellences or virtues. Because a flourishing […]

Fennell and McAdams, ‘Inverted Theories’

Abstract: This essay makes the case for ‘inverting’ popular versions of certain theories widely used in legal analysis. Inversion begins with the observation that the assumptions underlying a given theory are substantively false. But rather than reject the theory outright, the theory inverter sees something valuable in the structure of the theory’s logic, and looks […]