Jurisprudence
-
Penn Law Review symposium on legal realism and “The New Doctrinalism”…
…is now available. I haven't read most of the papers at this point, but I can commend both Ed Rock's and Henry Smith's as particularly interesting. (I was unable to attend the symposium, so I did not hear the papers either.) My own contribution to the symposium is here.
-
“The Death of God and the Death of Morality”
A new draft paper, perhaps of interest to some readers: Nietzsche famously proclaimed the "death of God," but in so doing it was not God's death that was really notable–Nietzsche assumes that most reflective, modern readers realize that "the belief in the Christian god has become unbelievable” (GS 343)–but the implications of that belief becoming…
-
“Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature”
The 24th Tobriner Lecture at Hastings, now in print.
-
“Gender and the Analytic Jurisprudential Mind”
This is a wonderful takedown of a set of confusions masquerading as feminist critique; it's by Leslie Green, Professor of the Philosophy of Law at Oxford.
-
It’s educational malpractice to recommend that incoming law students read Llewellyn’s “The Bramble Bush”…
…as, alas, Michael Krauss (George Mason) does in The Washington Post no less. Llewellyn's book is delightful and rich with interesting material, but I guarantee it makes no sense to someone who hasn't already read a lot of cases and studied some basic common-law subjects, like torts and contracts. (I offer the basic Jurisprudence course…
-
On legislative intent
I strongly recommend this review (and the book).
-
I’ve joined Aeon Ideas…
…here, and have a couple of viewpoints up.
-
“Legal Realism and Legal Doctrine”
This piece is for a Penn law Review symposium.
-
“Normativity for Naturalists”
This paper is for a forthcoming volume of Philosophical Issues (the supplement to Nous) on "Normativity" edited by Ram Neta. It's a bit more philosophically technical than the typical purely jurisprudential piece, but may interest some readers.
-
“Philosophy of Law” for the Encyclopedia Britannica
For the first time in a half-century, the Encyclopedia Britannica has commissioned a new essay on "Philosophy of Law," written by myself and a former student, Michael Sevel, now at the University of Sydney. Hopefully ours will have a half-century run as well!
-
“Marx, Law, Ideology, Legal Positivism”
The final version of this paper, forthcoming in the Virginia Law Review symposium on "Jurisprudence and (its) History."
-
“Constitutional Law, Moral Judgment and the Supreme Court as Super-Legislature”
Here's a draft of the Tobriner Memorial Lecture in Constitutional law that I will be giving at Hastings later this afternoon in San Francisco.
-
A brief video discussion of “Why Tolerate Religion?” with Prof. Weiler at the EUI
During my October "Italy tour" (when I gave the Fresco Lectures at Genoa, and also gave a seminar at Palermo), I was fortunate to visit the European University Institute for the first time, thanks to Prof. Dennis Patterson. While there, Joseph Weiler, President of the EUI and editor in chief of the European Journal of…
-
“Deep Disagreements: Philosophical and Legal Perspectives”
In Berlin in June. There's also a call for papers.
People should understand what precipitated my remarks here at Leiter Reports. Also, a few replies and comments on the conversation:…