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Dorfman and Harel, ‘Law as Standing’

ABSTRACT This article addresses a basic question of general jurisprudence, namely, what difference law makes in moral space. It argues that the difference at issue does not necessarily come to telling us what morality (or justice) might dictate but rather to establishing a way of attributing decisions to all of us and not to any […]

‘Legal Theory Lexicon: The Bad Man Thought Experiment’

“In The Path of the Law, Supreme Court Justice Oliver Wendell Holmes, Jr, wrote, ‘If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his […]