Jurisprudence
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Why Tolerate Religion?
It will be out in early October.
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Posner v. Scalia on Textualism, Redux
In our update to the earlier post, we noted that Justice Scalia's co-author, famed legal prose stylist Bryan Garner, had responded to Judge Posner's scathing review. Part of Mr. Garner's response included linking to a series of posts by a very conservative blogger at the National Review (one with a clear antipathy towards Judge Posner), Ed Whalen (whom…
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Judge Posner on Justice Scalia’s Jurisprudence
This is a review that would finish the career of the academic who authored the book in question, and might even raise questions about scholarly fraud. Fortunately, Justices really do have "life" tenure! An excerpt: OMITTING CONTRARY evidence turns out to be Scalia and Garner’s favorite rhetorical device. Repeatedly they cite cases (both state and federal) as exemplars…
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Why Tolerate Religion?
The Facebook page, courtesy of PUP (!). The book will be out in early October.
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“Naturalism in Legal Philosophy”…
…revised (mainly in the representation of Scandinaivan Realism).
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Leiter on Waldron on Hate Speech…
…is now on-line at Notre Dame Philosophical Reviews.
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Perry on “Political Authority and Political Obligation”
This is the penultimate draft of what will be the lead paper in volume 2 of Oxford Studies in Philosophy of Law, due out later this year. (Volume 1 is here.) Perry's paper is a major contribution to the literature on authority, and so I hope it will whet the appetite of legal philosophers and…
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Waldron on the Regulation of Hate Speech
This review essay is now on SSRN; the abstract: This essay reviews and evaluates the arguments in Jeremy Waldron's book "The Harm in Hate Speech" (Harvard University Press, 2012). We may summarize the argument for Waldron’s titular view as follows. First, the “harm in hate speech” results primarily from speech that is written rather than…
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“Naturalizing Jurisprudence”…
…in Spanish. I was fortunate that the translator, Giovanni Ratti, is also a leading young legal philosopher in Europe.
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“Legal Realisms, Old and New”
I've posted a new draft paper on-line. The abstract: “Legal Realism” now has sufficient cachet that scholars from many different fields and countries compete to claim the mantle of the "Realist program": from political scientists who study judicial behavior, to the "law and society" scholars associated with the Wisconsin New Legal Realism project, to philosophers…
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Our Dynamic Lexicon
Northwestern's Peter Ludlow, a leading philosopher working at the intersection of semantics and linguistics, gives a brief sketch of an important, contemporary line of thought about language and meaning that is also relevant to questions of interpretation in the law. (His column appears in a blog series at the New York Times ostensibly devoted to philosophy,…
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Our Dynamic Lexicon
Northwestern's Peter Ludlow, a leading philosopher working at the intersection of semantics and linguistics, gives a brief sketch of an important, contemporary line of thought about language and meaning that is also relevant to questions of interpretation in the law. (His column appears in a blog series at the New York Times ostensibly devoted to philosophy,…
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Why Tolerate Religion? The book
Coming soon.
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Why Tolerate Religion? The book
Coming soon.
Sorry, in the *20* years since it was published.