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The paradoxes of legal science

Union, N.J.: Lawbook Exchange (1928)

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  1. Law and the Natural Sciences in Nineteenth-Century American Universities.Howard Schweber - 1999 - Science in Context 12 (1):101-121.
    The ArgumentIn the nineteenth century, American legal educators drew on the idea of “legal science” the claim that the study of law was similar to the study of the natural sciences. In this paper, I propose to examine the particular conceptions of “science” that were incorporated into that idea. The primary point of the paper is to argue that in antebellum America, a particular view of the natural sciences dominated public discourse, and it was this conception that was appropriated by (...)
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  • Rescuing the Libertarian Non-Aggression Principle.Billy Christmas - 2018 - Moral Philosophy and Politics 5 (2):305-325.
    Many libertarians ground their theory of justice in a non-aggression principle. The NAP is often the basis for the libertarian condemnation of state action – that it is necessarily aggressive and therefore unjust. This approach is often criticised insofar as it defines aggression, in part, as the violation of legitimate property rights, and is therefore parasitical upon a prior – and unjustified – theory of property. While it is true that libertarians who defend the NAP sometimes fail to give a (...)
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  • A Reformulation of the Structure of a Set Compossible Rights.Billy Christmas - 2019 - Philosophical Quarterly 69 (275):221-234.
    Hillel Steiner argues that a necessary and sufficient condition for the compossibility of a set of rights is that those rights be extensionally differentiable. However, given that two or more actions can extensionally overlap without thereby being mutually unperformable, if such actions are specified in the relevant rights, then those rights will not be incompossible, notwithstanding their extensional overlap. The set of compossible sets of rights then is greater than the subset of extensionally differentiable rights, and extensional differentiability is a (...)
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