Readers who want to keep abreast of what's going on in general jurisprudence (questions about law "in general," i.e., the nature of law and legal reasoning, the relationship between law and morality) occasionally ask what articles they should read from the "recent" literature or from the 21st-century. I thought I'd check Google Scholar citations, and the list I came up with that way was pretty reasonable (and is below the fold)–most (but not all) of this work I have assigned to students. It, of course, omits some more recent work that I think is very much worth reading, so I include a few items of that sort at the end. I've omitted encyclopedia or survey articles (although Shapiro's "Hart/Dworkin Debate" piece, below, is borderline in this regard, but it is more than a survey piece and is worth reading for understanding the debate about theoretical disagreements in law).
More than 700 citations
John Gardner, "Legal Positivism: 5 1/2 Myths," American Journal of Jurisprudence (2001)
More than 500 citations
Joseph Raz, "The Problem of Authority: Revisiting the Service Conception," Minnesota Law Review (2005)
More than 400 citations
Scott Shapiro, "The Hart/Dworkin Debate: A Short Guide for the Perplexed," in Ronald Dworkin, ed. Ripstein (2012) (but on SSRN since 2007).
More than 300 citations
Ronald Dworkin, "Hart's Postscript and the Character of Political Philosophy," Oxford Journal of Legal Studies (2004)
Mark Greenberg, "How Facts Make Law," Legal Theory (2004)
Brian Leiter, "Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence," American Journal of Jurisprudence (2003)
Brian Leiter, "Explaining Theoretical Disagreement," University of Chicago Law Review (2009)
Scott Shapiro, "What is the Internal Point of View?", Fordham Law Review (2006)
More than 200 citations
Ronald Dworkin, "Thirty Years On," Harvard Law Review (2002)
Leslie Green, "Positivism and the Inseparability of Law and Morals," NYU Law Review (2008)
Mark Greenberg, "The Moral Impact Theory of Law," Yale Law Journal (2013)
Brian Leiter, "Legal Realism and Legal Positivism Reconsidered," Ethics (2001)
Brian Leiter, "Legal Formalism and Legal Realism: What is the Issue?" Legal Theory (2010)
Brian Leiter, "The Demarcation Problem in Jurisprudence: A New Case for Scepticism," Oxford Journal of Legal Studies (2011)
Andrei Marmor, "Legal Positivism: Still Descriptive and Morally Neutral," Oxford Journal of Legal Studies (2006)
Joseph Raz, "Can There be a Theory of Law?", in The Blackwell Guide to Philosophy of Law & Legal Theory, ed. Golding & Edmundson (2005)
Frederick Schauer, "A Critical Guide to Vehicles in the Park," NYU Law Review (2008).
Scott Shapiro, "Law, Plans and Practical Reason," Legal Theory (2002)
Less than 200 citations, but more than 100, and worth reading in my judgment
Julie Dickson, "Is the Rule of Recognition Really a Conventional Rule?" Oxford Journal of Legal Studies (2007)
David Enoch, "Reason-Giving and the Law," Oxford Studies in Philosophy of Law, volume 1, ed. Green & Leiter (2011)
Mark Greenberg, "The Standard Picture and Its Discontents," Oxford Studies in Philosophy of Law, volume 1, ed. Green & Leiter (2011)
Kevin Toh, "Hart's Expressivism and his Benthamite Project," Legal Theory (2005)
And some recommendations of articles by others that are not yet as highly cited as those above, but should be in the years ahead:
Hasan Dindjer, "The New Legal Anti-Positivism," Legal Theory (2020)
Matthew X. Etchemendy, "Legal Realism and Legal Reality," Tennessee Law Review (2021)
Leslie Green, "Positivism, Realism, and Sources of Law," in T. Spaak & P. Mindus (eds.), The Cambridge Companion to Legal Positivism (2021) (cf. my response)
Kevin Toh, "Legal Philosophy a la Carte," in D. Plunkett et al. (eds.), Dimensions of Normativity (Oxford, 2019) [cf. my response to Toh's earlier work on similar themes in the same volume]




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