David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Several writers have argued recently that optimal rules of law authorize morally suboptimal decisions in certain cases.1 Larry Alexander calls these “gap cases.”2 Should judges in gap cases defer to legal rules or deviate from them? Philosophers known as “formalists” favor deference, “particularists” favor deviation.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Wojciech Sadurski (1984). Social Justice and Legal Justice. Law and Philosophy 3 (3):329 - 354.
Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.
Alan Thomas (2012). Giving Each Person Her Due: Taurek Cases and Non-Comparative Justice. Ethical Theory and Moral Practice 15 (5):661-676.
P. G. Monateri, The "Weak Law":Contaminations and Legal Cultures (Borrowing of Legal and Political Forms).
Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.
Alf Ross (1959/2004). On Law and Justice. Lawbook Exchange.
Stefano Civitarese Matteucci (2010). Is Legal Positivism as Worthless as Many Italian Scholars of Public Law Depict It? Ratio Juris 23 (4):505-539.
Gregory Lewkowicz, Human Rights, Citizen Rights: The Presuppositions of the American and European Case Law.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Geoffrey C. Hazard (2004). Legal Ethics: A Comparative Study. Stanford University Press.
Satoshi Tojo & Katsumi Nitta (1997). Similarity of Legal Cases: From Temporal Relations of Affairs. [REVIEW] Artificial Intelligence and Law 5 (1-2):161-176.
Added to index2010-12-22
Total downloads3 ( #334,532 of 1,410,540 )
Recent downloads (6 months)2 ( #108,810 of 1,410,540 )
How can I increase my downloads?