I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

Courtroom dialogue involves questions and answers, which may be modeled by erotetic logic. In this short communication, we model the courtroom objection "Asked and Answered!" using such a logic. The model is applied to the case of the traffic light.

Exactly what is meant by the requirement that witnesses swear in a court of law to tell "the whole truth"? It cannot mean simply the "truth," because that's a separate and prior requirement. It cannot mean "nothing but the truth," because that's also a separate requirement. It cannot mean "the whole story," because the adversary system not only does not require that, it does not even permit that. All it permits the witness to do is answer the questions put to (...) him. Using erotetic logic, the author suggests an answer to what is meant by the requirement. (shrink)