In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press (2011)

Authors
Mark Greenberg
University of California, Los Angeles
Abstract
In this paper, I argue that there is a picture of how law works that most legal theorists are implicitly committed to and take to be common ground. This Standard Picture (SP, for short) is generally unacknowledged and unargued for. SP leads to a characteristic set of concerns and problems and yields a distinctive way of thinking about how law is supposed to operate. I suggest that the issue of whether SP is correct is a fundamental one for the philosophy of law, more basic, for example, than the issue that divides legal positivists and anti-positivists, at least as the latter issue is ordinarily understood. The goals of the paper are fourfold: 1) to identify and articulate in some detail the Standard Picture; 2) to show that SP is widely held and has important consequences for other debates in the philosophy of law; 3) to show that SP leads to a serious theoretical problem; 4) to sketch an alternative picture that promises to avoid this problem. I emphasize the modesty of these goals in one respect. I make no claim to refute SP or to fully develop and defend an alternative picture.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 50,268
External links

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.

Add more references

Citations of this work BETA

Law as a Branch of Morality: The Unity of Practice and Principle.T. R. S. Allan - 2020 - American Journal of Jurisprudence 65 (1):1-17.
Why Law is Law.Sebastian Baldinger - 2019 - Jurisprudence 10 (2):222-228.

View all 12 citations / Add more citations

Similar books and articles

Language and Thought.Christopher Gauker - 1999 - A Field Guide to the Philosophy of Mind.
The True Modal Logic.Christopher Menzel - 1991 - Journal of Philosophical Logic 20 (4):331 - 374.
Three Pictures of God In Western Theology.Thomas Talbott - 1995 - Faith and Philosophy 12 (1):79-94.
The Myth of Human Language.Peter Ludlow - 2006 - Croatian Journal of Philosophy 6 (3):385-400.
Three Depictive Views Defended.John Dilworth - 2002 - British Journal of Aesthetics 42 (3):259-278.

Analytics

Added to PP index
2009-01-28

Total views
56 ( #164,376 of 2,325,396 )

Recent downloads (6 months)
1 ( #667,459 of 2,325,396 )

How can I increase my downloads?

Downloads

My notes