David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
This paper argues against the continuing domination, within legal theory, of the ambition to determine the mode of law's existence and our access to it. It illustrates the problems with such an approach via a close reading of George Pavlakos' recent work, Our Knowledge of the Law (2007). It seeks to replace the dominance of that ambition with the ethics of legal theory, i.e., the avoidance of both theoretical insularity and theoretical imperialism. Theoretical insularity ensues when we come to think that any one of our theoretical pictures (of law, legal systems and legal work) provides us with access to that which exists, or how we really are, thereby missing the utility of other theoretical pictures. We come to see the utility of other theoretical pictures when we subject them to the scrutiny of practical contexts, but in doing so, we should not be tempted to think that any one theoretical picture can come to govern what we ought to do in any specific practical context (should we do so, we fall foul of theoretical imperialism).
|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
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Dick W. P. Ruiter (1997). Legal Validity Qua Specific Mode of Existence. Law and Philosophy 16 (5):479 - 505.
P. W. (1997). Legal Validity Qua Specific Mode of Existence. Law and Philosophy 16 (5):479-505.
Dan Hunter (1999). Out of Their Minds: Legal Theory in Neural Networks. [REVIEW] Artificial Intelligence and Law 7 (2-3):129-151.
Aulis Aarnio (1978). Legal Point of View: Six Essays on Legal Philosophy. Helsingin Yliopisto.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Maksymilian T. Madelr, The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality Between Theory and Practice.
Added to index2009-01-28
Total downloads6 ( #378,596 of 1,780,829 )
Recent downloads (6 months)1 ( #290,888 of 1,780,829 )
How can I increase my downloads?