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  1. added 2020-06-03
    What Role for the State? (And a Comment on the Common Good).Matthew J. Lister - 2019 - Australasian Journal of Legal Philosophy 44 (1):124-132.
    In his _Natural Law and the Nature of Law_, Jonathan Crowe has written an important and interesting book, one that should be read by people interested in jurisprudence, ethics, and political philosophy. Its distinctive strength is in the way Crowe shows how much can be done within a natural law framework that does not assume a theological background. A distinctive feature of Crowe's approach to natural law, one that distinguishes it from other well-known approaches, is its argument that only a (...)
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  2. added 2020-05-19
    Justifying Prison Breaks as Civil Disobedience.Isaac Shur - 2019 - Aporia 19 (2):14-26.
    I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...)
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  3. added 2020-05-16
    The International Rule of Law and the Idea of Normative Authority.Kostiantyn Gorobets - forthcoming - Hague Journal on the Rule of Law.
    Domestic and international jurisprudence exist and develop as two ‘pocket universes’ in a sense that they belong to the same fabric of reality, but at the same time many concepts shift their meaning when moved from one pocket to another. This is of a paramount importance for the idea of the rule of law, which in domestic setting was forged in the flame of civil wars and struggles against the rulers. This history and such struggles are something international law has (...)
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  4. added 2020-04-21
    The Nature and Value of Vagueness in the Law.Hrafn Asgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...)
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  5. added 2020-03-25
    Does the Emolument Rule Exist for the President?Stephen Kershnar - 2017 - International Journal of Applied Philosophy 31 (1):31-43.
    In this article, I argue that with regard to the President, the Emoluments Clause is not law. I argue for this on the basis of two premises. First, if something is a law, then it has a legal remedy. Second, EC does not have a legal remedy. This premise rests on one or more of the following assumptions: EC does not apply to the President; if EC were to apply to the President, it does not provide a remedy; or, if (...)
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  6. added 2020-03-08
    Interpreting the Claim of Legitimate Authority: An Analysis of Joseph Raz's Objection Against Incorporating Moral Norms Into Law.Ramiro Ávila Peres - forthcoming - Ethic@ - An International Journal for Moral Philosophy.
    From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version (...)
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  7. added 2020-03-08
    Państwo prawa na gruncie filozofii politycznej Immanuela Kanta – dwie interpretacje.Michał Wieczorkowski - 2019 - Archiwum Filozofii Prawa I Filozofii Społecznej 19 (1):108-124.
    The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order (...)
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  8. added 2020-03-08
    Problem aktywizmu i prawotwórstwa sędziowskiego w świetle współczesnych teorii interpretacji.Michał Wieczorkowski - 2018 - Warsaw University Law Review 17 (2):169-200.
    It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the discussions about (...)
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  9. added 2020-03-08
    Habermas vs Fish – pytanie o możliwość porozumienia międzykulturowego.Michał Wieczorkowski - 2018 - Folia Iuridica Universitatis Wratislaviensis 7 (1):111-134.
    The purpose of the paper is to analyze the thesis that an agreement between representatives of two different cultures can and should be reached at a theoretical level. The author tries to verify the Theory of Communicative Action proposed by Jürgen Habermas in the light of philosophical reflections of American neopragmatist Stanley Fish. Habermas is one of the most important and widely read social theorists in the post-Second World War era. He is also one of the authors of the concept (...)
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  10. added 2020-01-20
    Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  11. added 2019-08-08
    The Rule of Good Law: Form, Substance and Fundamental Rights.Michael P. Foran - 2019 - Cambridge Law Journal 78 (3):570-595.
    This paper explores the effect that conformity to the rule of law has on the ends which might legitimately be pursued within a legal system. The neat distinction between formal and substantive conceptions of the rule of law will be challenged: even apparently formal conceptions necessarily affect the content of law and necessarily entail the protection of certain fundamental rights. What remains of the formal/substantive dichotomy is, in fact, a distinction between conceptions of the rule of law which guarantee the (...)
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  12. added 2019-06-24
    Do desacordo ao paradoxo epistêmico: uma análise da concepção de serviço de autoridade de Raz à luz da teoria do “ponto-cego” de R. Sorensen.Ramiro Ávila Peres - 2019 - Dissertatio 48:242-257.
    Abstract: Using a critical review of the literature, we study a challenge from philosophical anarchism to J. Raz's theory of legal authority: it would be irrational to follow an order with which one disagrees, since it would mean acting against what is considered more justified. Through references from decision theory and epistemology, and deploying examples about tools for assisting in routine decision-making, we sketch two possible answers: first, it may be justifiable to put yourself in a situation that leads to (...)
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  13. added 2019-06-13
    Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, NY, USA: pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...)
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  14. added 2019-06-06
    The Presumption of Liberty and the Coerciveness of the State.Cindy Phillips - 2016 - Jurisprudence 7 (3):557-574.
    A dominant belief in political philosophy is that states must be entitled to authorize the use of coercion in order to justifiably coerce its subjects. Call this view the entitlement view. On this view, for a state to justifiably coerce its subjects, a necessary condition is that it is entitled to authorize the use of coercion. Sceptics hold the entitlement view. However, they deny that states are entitled to authorize the use of coercion. This denial informs their views regarding the (...)
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  15. added 2019-06-06
    Critical Reception of Raz’s Theory of Authority.Kenneth M. Ehrenberg - 2011 - Philosophy Compass 6 (11):777-785.
    This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project.
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  16. added 2019-06-06
    Joseph Raz’s Theory of Authority.Kenneth Ehrenberg - 2011 - Philosophy Compass 6 (12):884-894.
    Joseph Raz’s theory of authority has become influential among moral, political, and legal philosophers. This article will provide an overview and accessible explanation of the theory, guiding those coming to it for the first time as to its theoretical ambitions within the wider issues of authority, and through its intricacies. I first situate the theory among philosophical examinations of authority, and then explain the theory itself in detail.
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  17. added 2019-06-06
    Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation: Plastic Trees and Gladiators.Larry Alexander - 2010 - Legal Theory 16 (2):77-90.
    The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
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  18. added 2019-06-05
    What the Laws Demand of Socrates—and of Us.Paul Gowder - 2015 - The Monist 98 (4):360-374.
    This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...)
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  19. added 2019-04-06
    Are Legal Rules Content-Independent Reasons?Noam Gur - 2011 - Problema 5:175-210.
    I argue that the answer to the above question turns on three distinctions as to the meaning of content-independent reasons and the types of statement in which they feature. The first distinction is between two senses of content-independence, which I refer to as weak and strong content-independence. I argue that, while legal rules can (and often do) give rise to content-independent reasons in the weak sense, whether they can be said to generate content-independent reasons in the strong sense depends on (...)
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  20. added 2019-02-19
    Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  21. added 2019-02-12
    Privacy, Transparency, and Accountability in the NSA’s Bulk Metadata Program.Alan Rubel - 2015 - In Adam D. Moore (ed.), Privacy, Security, and Accountability: Ethics, Law, and Policy. London, UK: pp. 183-202.
    Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...)
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  22. added 2019-01-19
    On Darwall’s Case Against the Normal Justification Thesis.Ezequiel Horacio Monti - 2018 - Ethics 128 (2):432-445.
    In a series of recent papers, Darwall has argued that Raz’s Normal Justification Thesis ought to be rejected. Here I shall argue that Darwall’s criticisms are unsuccessful. First, I argue that, contrary to what Darwall suggests, the NJT does not rely on an inference from the fact that B has a reason to treat A’s directives as protected reasons to the conclusion that A’s directives are protected reasons for B. Second, I argue that Darwall’s arguments to the effect that the (...)
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  23. added 2019-01-13
    Coordination Cannot Establish Political Authority.Matthias Brinkmann - 2018 - Ratio Juris 31 (1):49-69.
    One of the most common arguments in favour of the state's authority is that without the coordinating hand of political institutions, we could not achieve important moral benefits. I argue that if we understand authority correctly, then coordination cannot even in principle establish that coordinators have political authority.
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  24. added 2018-12-15
    Raz on Gaps: The Surprising Part.Timothy Endicott - 2003 - In Lukas H. Meyer, Stanley L. Paulson & Thomas W. Pogge (eds.), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.
    In English law, there are various ways in which contracts can be invalid or unenforceable because they are immoral — and yet English lawyers know that many contracts are conclusively binding. The first two sources of legal gaps that Joseph Raz identifies do not seem surprising. Vagueness in the sources of law leads to gaps in borderline cases, and there is a gap if the law includes inconsistent rules, with no way of deciding which is effective. In those situations it (...)
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  25. added 2018-11-09
    Can the Rule of Law Apply at the Border?: A Commentary on Paul Gowder’s the Rule of Law in the Real World.Matthew J. Lister - 2018 - Saint Louis University Law Journal 62 (2):332-32.
    The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed (...)
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  26. added 2018-11-02
    Legal Archetypes and Metadata Collection.Alan Rubel - 2017 - Wisconsin International Law Review 34 (4):823-853.
    In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...)
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  27. added 2018-09-30
    Legislative Duty and the Independence of Law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...)
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  28. added 2018-09-25
    Punishment and the Subordination of Law to Morality.John H. Bogart - 1987 - Oxford Journal of Legal Studies 7 (3):421-443.
    Arguments over criminalization and decriminalization often focus on the moral status of conduct, which is thought to be especially important to determining the appropriate legal status of the conduct. If the conduct is not thought to be immoral (or seriously immoral}, that is enough to show that it does not properly fall within the realm of control of the criminal law. Arguments relying on such a strategy may be termed moralized arguments. This article focuses on a crucial element of that (...)
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  29. added 2018-08-22
    Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship between (...)
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  30. added 2018-07-29
    The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  31. added 2018-07-19
    On (Not) Accepting the Punishment for Civil Disobedience.Piero Moraro - 2018 - Philosophical Quarterly 68 (272):503-520.
    Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...)
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  32. added 2018-05-11
    “Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience.Matthew J. Lister - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):15-17.
    In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while (...)
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  33. added 2018-05-10
    Legal Modernity and Early Amerindian Laws.William Conklin - 1999 - Sociology of Law, Social Problems and Legal Policy:115-128.
    This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with (...)
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  34. added 2017-11-25
    Would Many People Obey Non-Coercive Law?Robert C. Hughes - 2018 - Jurisprudence 9 (2):361-367.
    In response to Frederick Schauer's book The Force of Law, I argue that the available evidence indicates that non-coercive law could influence many people's behavior. It may sometimes be best to forgo coercive enforcement of an important law.
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  35. added 2017-11-01
    Law and Coercion.Robert C. Hughes - 2013 - Philosophy Compass 8 (3):231-240.
    Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...)
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  36. added 2017-10-31
    Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.
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  37. added 2017-09-16
    The Relational Conception of Practical Authority.N. Adams - 2018 - Law and Philosophy 37 (5):549-575.
    I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...)
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  38. added 2017-08-29
    Der Fluch des Verfahrens: Karl Kraus Und Die Akten Zum Fall Kerr.Katrin Trüstedt - 2016 - Modern Language Notes 131 (3): 701–23.
  39. added 2017-08-29
    Novelle der Stellvertretung: Kleists Michael Kohlhaas.Katrin Trüstedt - 2011 - Zeitschrift Für Deutsche Philologie 130:545–68.
  40. added 2017-07-10
    Law and Justice in Community.Garrett Barden - 2010 - Oxford University Press.
    Introduction: the grey goose -- The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law -- Conclusion.
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  41. added 2017-07-10
    Strategic Coordination and the Law.Nicholas Almendares & Dimitri Landa - 2007 - Law and Philosophy 26 (5):501-529.
    We re-examine the relationship between coordination, legal sanctions, and free-riding in light of the recent controversy regarding the applicability of the coordination problem paradigm of law-making. We argue that legal sanctions can help solve coordination problems by eliminating socially suboptimal equilibrium outcomes. Once coordination has taken place, however, free-riding can not lead to the breakdown of coordination outcomes, even if sanctions may still be effective at increasing the equity of such outcomes. Finally, we argue that it is the choice of (...)
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  42. added 2017-07-10
    The Problem of Law's Authority: John Finnis and Joseph Raz on Legal Obligation.S. Aiyar - 2000 - Law and Philosophy 19 (4):465-489.
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  43. added 2017-06-18
    Reason and Authority a Treatise on the Dynamic Paradigm of Legal Dogmatics.Aulis Aarnio - 1997
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  44. added 2017-06-14
    A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...)
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  45. added 2017-04-08
    In Defense of Content-Independence.N. P. Adams - 2017 - Legal Theory 23 (3):143-167.
    Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...)
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  46. added 2017-01-04
    Authority and Interest in the Theory of Right.Nieswandt Katharina - 2019 - In David Plunkett, Scott Shapiro & Kevin Toh (eds.), Legal Norms, Moral Norms: New Essays on Metaethics and Jurisprudence. Oxford: Oxford University Press.
    I suggest a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. I argue as follows: (1) The two dominant theories of right—“Will Theory” and “Interest Theory”—have certain standard problems. (2) These problems are systematic: Will Theory’s criterion of the ability to enforce a duty is either false or empty outside of its original legal context, whereas Interest Theory includes in (...)
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  47. added 2016-12-08
    Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law.Jacob Weinrib - 2016 - Cambridge University Press.
    In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...)
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  48. added 2016-12-08
    The Asymmetry of Legitimacy.Bas van der Vossen - 2012 - Law and Philosophy 31 (5):565-592.
    State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to rule affords (...)
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  49. added 2016-09-22
    Le Corti, il Legislatore e la Ragione Pubblica nella filosofia del diritto di Jeremy Waldron.Giovanni Cogliandro - 2015 - Rivista Internazionale di Filosofia Del Diritto 4:651-688.
    1. Indeterminatezza costituiva della ragione pubblica e governo della legge; 2. Concetto e rule of law; 3. Concetto, linguaggio e obbedienza; 4. Chain novel e struttura normativa; 5. Contrastanti armonie.
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  50. added 2016-09-06
    Reasons of Law: Dworkin on the Legal Decision.Anthony R. Reeves - 2016 - Jurisprudence 7 (2):210-230.
    Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in the (...)
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