‘Legal Theory Lexicon: Realist Deconstruction of Formal Legal Categories’

“Many of the Legal Theory Lexicon entries provide tools – the argumentative moves and theoretical constructs that should be in any legal theorist’s toolkit. Lot’s of these are drawn from other disciplines: for example, the distinction between ‘Concepts’ and ‘Conceptions’ is taken from philosophy and the The Coase Theorem, with its powerful idea of a transaction cost, is drawn from economics. But some of the most powerful moves are generated from within legal theory. One of those, which I am going to call ‘realist deconstruction of formal legal categories’, is powerfully associated with American legal realism … ” (more)

[Lawrence Solum, Legal Theory Blog, 26 April]

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