David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Legal formalism is one of the most intensely debated issues in American legal theory, yet rarely from empirical and institutional perspectives. This is a critique of the formalist stance that leads to "blanket applications" of rules in professional sports. Informed by literature from various sources (analytic jurisprudence, sports literature, the sociology of sports and of practice, law and economics, and the philosophy of language) it engages both "old" and "new" formalism in critiquing legal and jurisprudential approaches to rule following as instances of symbolic and functional interpretation in sports law and other comparable contexts.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Muriel De Groot & Mirjan Oude Vrielink (1998). Legal Theory and Sociological Facts. Law and Philosophy 17 (3):251-270.
Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.
Peter Morton (1998). An Institutional Theory of Law: Keeping Law in its Place. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Anne van Aaken (2002). Deliberative Institutional Economics, or Does Homo Oeconomicus Argue?: A Proposal for Combining New Institutional Economics with Discourse Theory. Philosophy and Social Criticism 28 (4):361-394.
Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
M. Groot & O. M. (1998). Legal Theory and Sociological Facts. Law and Philosophy 17 (3):251-270.
P. Hulsen (1998). Back to Basics: A Theory of the Emergence of Institutional Facts. [REVIEW] Law and Philosophy 17 (3):271-299.
Added to index2009-01-28
Total downloads9 ( #126,937 of 1,016,095 )
Recent downloads (6 months)1 ( #65,012 of 1,016,095 )
How can I increase my downloads?