Category Archives: General

Recently published: Artefacts of Legal Inquiry: The Value of Imagination in Adjudication by Maksymilian Del Mar

What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to […]

Christian Boulanger, ‘The Comparative Sociology of Legal Doctrine: Thoughts on a Research Program’

ABSTRACT In the context of the encounter of UK and German socio-legal studies in this issue, this Article develops preliminary thoughts on a research agenda for the comparative interdisciplinary empirical study of legal doctrine. Based on a working definition of doctrine as an institutionally legitimized practice of making statements on the law, it presents an […]

Alexandra Mercescu, ‘Teaching Comparative Law, Pragmatically (Not Practically)’

SUMMARY Comparative legal studies, that is the theorizing about legal comparisons or the actual practice of contrasting two or more legal cultures, can be a rich source of epistemological insights for law in general. In particular, it has been shown to act as a tool of critical thinking. However, for students to actually grasp the […]

‘Legal Theory Lexicon: Meta-Level Arguments’

“Many legal questions involve the application of settled law to the facts of a particular case. But there are other cases, where the law is unsettled, either because there is no controlling precedent or because there is an going dispute about whether the controlling decision is correct. This topic is discussed in Legal Theory Lexicon […]

Katharina Stevens, ‘Setting Precedents Without Making Norms?’

ABSTRACT Some authors argue that the rule-of-law ideal gives judges a prima facie duty to provide a determinate formulation of the precedent’s general norm in all their precedent-opinions. I question that claim. I agree that judges have a duty to decide their cases based on reasons and that they should formulate these reasons in their […]

Call for Papers: ‘Legal Philosophy in Times of Crisis’, IVR Turkey, 8-9 April 2021

Authors are required to send their abstracts (400 words max). Only one abstract by each author will be accepted to be reviewed. Presentations (20 minutes each) will be followed by 10 minutes’ discussion. Researchers and graduate students are welcome to present papers on any topics related to the theme of the webinar, ‘Legal Philosophy in […]

‘Legal Theory Lexicon: Issue-Level and Meta-Level Questions’

“There is a fundamental distinction between two kinds of questions that lawyers and judges ask. Let’s begin with some examples of what we can call ‘issue-level questions’: What is the standard of care in a negligence action?; What is the proper test for federal question jurisdiction under 28 USC §1331?; Are laws that classify on […]

Mariano Vitetta, ‘A Brief Introduction to the Louisiana Civil Code Spanish Translation Project’

INTRODUCTION The Center of Civil Law Studies (CCLS) at the Louisiana State University Paul M Hebert Law Center is pleased to announce the continuation of the Louisiana Civil Code Translation Project. This ambitious effort to make the Civil Code available in other languages started with the translation into French, completed in 2016. A translation into […]

Jean Thomas, ‘Thinking in Three Dimensions: Theorizing Rights as a Normative Concept’

ABSTRACT RIGHTS is a normative concept. This gives rise to three desiderata for conceptualizing RIGHTS: first, given the wide variety of contexts in which rights are invoked, an account of RIGHTS must be suitably general; second, since deploying the concept of rights involves making normative judgments, the account must explain how the concept is action […]

Dan Awrey, ‘Bad Money’

ABSTRACT Money is, always and everywhere, a legal phenomenon. In the United States, the vast majority of the money supply consists of monetary liabilities – contractually enforceable promises – issued by commercial banks and money market funds. These private financial institutions are subject to highly sophisticated public regulatory frameworks designed, in part, to enhance the […]