22 found
Order:
Disambiguations
Scott J. Shapiro [14]Scott Shapiro [9]Scott Jonathan Shapiro [1]
  1. Legality.Scott Shapiro - 2011 - Harvard University Press.
    What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
    Direct download  
     
    Export citation  
     
    My bibliography   23 citations  
  2.  9
    Law, Morality, and Everything Else: General Jurisprudence as a Branch of Metanormative Inquiry.David Plunkett & Scott Shapiro - 2017 - Ethics 128 (1):37-68.
    In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography   3 citations  
  3. The Oxford Handbook of Jurisprudence and Philosophy of Law.Jules Coleman & Scott Shapiro (eds.) - 2002 - Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for (...)
     
    Export citation  
     
    My bibliography   16 citations  
  4. The "Hart-Dworkin" Debate : A Short Guide for the Perplexed.Scott J. Shapiro - 2007 - In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. pp. 22--49.
    For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography   10 citations  
  5.  31
    Law, Plans, and Practical Reason.Scott J. Shapiro - 2002 - Legal Theory 8 (4):387-441.
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   12 citations  
  6. Was Inclusive Legal Positivism Founded on a Mistake?Scott J. Shapiro - 2009 - Ratio Juris 22 (3):326-338.
    In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  7.  69
    On Hart's Way Out.Scott J. Shapiro - 1998 - Legal Theory 4 (4):469-507.
    It is hard to think of a more banal statement one could make about the law than to say that it necessarily claims legal authority to govern conduct. What, after all, is a legal institution if not an entity that purports to have the legal power to create rules, confer rights, and impose obligations? Whether legal institutions necessarily claim the moral authority to exercise their legal powers is another question entirely. Some legal theorists have thought that they do—others have not (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   4 citations  
  8.  32
    Law, Morality, and the Guidance of Conduct.Scott J. Shapiro - 2000 - Legal Theory 6 (2):127-170.
    Legal positivism is generally characterized by its commitment to two theses Separability Thesis,” denies any necessary connection between morality and legality. Legal positivists do not require that a norm possess any desirable, or lack any undesirable, moral attributes in order to count as law.
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   4 citations  
  9. Hart's Way Out.Scott Shapiro - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
     
    Export citation  
     
    My bibliography   3 citations  
  10.  93
    What is the Internal Point of View?Scott Shapiro - manuscript
    Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...)
    Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  11. What is the Rule of Recognition ?Scott J. Shapiro - unknown
    One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...)
    Direct download  
     
    Export citation  
     
    My bibliography  
  12.  8
    On Hart's Way Out: Scott J. Shapiro.Scott J. Shapiro - 1998 - Legal Theory 4 (4):469-507.
    It is hard to think of a more banal statement one could make about the law than to say that it necessarily claims legal authority to govern conduct. What, after all, is a legal institution if not an entity that purports to have the legal power to create rules, confer rights, and impose obligations? Whether legal institutions necessarily claim the moral authority to exercise their legal powers is another question entirely. Some legal theorists have thought that they do—others have not (...)
    Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  13.  63
    How Rules Affect Practical Reasoning.Scott Shapiro - 2007 - In Bruno Verbeek (ed.), Reasons and Intentions. Ashgate.
  14. The Bad Man and the Internal Point of View.Scott J. Shapiro - 2000 - In Steven J. Burton (ed.), The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr. Cambridge University Press.
    No categories
     
    Export citation  
     
    My bibliography  
  15. Authority.Scott Shapiro - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
     
    Export citation  
     
    My bibliography   1 citation  
  16.  43
    Judicial Can't.Scott J. Shapiro - 2001 - Noûs 35 (s1):530 - 557.
  17.  1
    Law, Morality, and the Guidance of Conduct.Scott J. Shapiro - 2000 - Personal Relationships 6 (2):127-170.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  18.  27
    Brian Leiter, Ed., Objectivity in Law and Morals:Objectivity in Law and Morals.Scott J. Shapiro - 2002 - Ethics 113 (1):169-173.
  19.  27
    Ulysses Rebound.Scott J. Shapiro - 2002 - Economics and Philosophy 18 (1):157-182.
    Irrational people create problems not only for themselves and those around them, but also for those who study them. They cause trouble for social scientists because their actions are inexplicable, at least according to generally accepted models of explanation. Explanations in the social sciences normally assume the form of rationalizations: actions are explained by showing that, relative to what the subjects believe and desire, the actions were done for good reasons. Conversely, when good reasons cannot be found for why someone (...)
    Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  20.  3
    Judicial Can't.Scott J. Shapiro - 2001 - Philosophical Issues 11 (1):530-557.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  21. The Oxford Handbook of Jurisprudence & Philosophy of Law.Jules Coleman & Scott Shapiro (eds.) - 2002 - Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.
    No categories
     
    Export citation  
     
    My bibliography  
  22. Book ReviewsBrian Leiter,, Ed. Objectivity in Law and Morals.Cambridge: Cambridge University Press, 2001. Pp. 354. $64.95. [REVIEW]Scott J. Shapiro - 2002 - Ethics 113 (1):169-173.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography