Hegel's ambiguous contribution to legal theory
Res Publica 11 (1) (2005)
| Abstract | Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory and that of Ronald Dworkin. I also criticize the volume's emphasis on Hegel's postmodern credentials, all of which I doubt. | |||||||||
| Keywords | Hegel Dworkin legal philosophy philosophy of law postmodernism positivism natural law | |||||||||
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Naomi Choi (2007). Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law? Journal of the Philosophy of History 1 (3):365-393.
Scott Hershovitz (ed.) (2006). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
Anthony James Sebok (1998). Legal Positivism in American Jurisprudence. Cambridge University Press.
Michael Cuffaro (2011). On Thomas Hobbes's Fallible Natural Law Theory. History of Philosophy Quarterly 28 (2):175-190.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
William E. Conklin (2008). Hegel's Laws: The Legitimacy of a Modern Legal Order. Stanford Law Books.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
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