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Profile: Scott Hershovitz (University of Michigan, Ann Arbor)
  1. Scott Hershovitz (forthcoming). The Model of Plans and the Prospects for Positivism. .
    In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s argument (...)
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  2. Scott Hershovitz (2012). Of Law. In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. 65.
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  3. Scott Hershovitz (2011). The Role of Authority. Philosophers' Imprint 11 (7).
    The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...)
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  4. Scott Hershovitz (ed.) (2006). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
    Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...)
     
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  5. Scott Hershovitz (2006). Integrity and Stare Decisis. In , Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
  6. Scott Hershovitz (2003). Democracy, Legitimacy and Razian Authority. Legal Theory 9:201-220.
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  7. Scott Hershovitz (2003). Legitimacy, Democracy, and Razian Authority. Legal Theory 9 (3):201-220.
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  8. Scott Hershovitz (2002). Wittgenstein on Rules: The Phantom Menace. Oxford Journal of Legal Studies 22 (4):619-640.
    Ludwig Wittgenstein's work on rules has been put to a variety of uses by legal theorists. One wave of theorists employs Wittgenstein in an effort to show that law is radically indeterminate. They base their arguments on Saul Kripke's influential reading of Wittgenstein's Philosophical Investigations. This essay begins with a consideration of Kripke's view and its implications for law. Like many before, I conclude that Kripke's view is defective, and as such teaches us little about law. But it is important (...)
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