Legal Theory Reading Group, Tue., Nov. 17, 7:30 PM, Hauser 103

November 16th, 2009 · No Comments

The Legal Theory Reading Group will meet on Tuesday at 7:30 (note the change from the Wednesday meeting time) in Hauser 103.

We will discuss Brian Leiter on “Legal Realism and Legal Positivism Reconsidered,” 111 Ethics 278 (2001), http://www.journals.uchicago.edu.ezp-pro…, which argues that while legal positivism is a theory of law, legal realism is a theory of adjudication. Conceptually, then, there is no conflict between the two theories. At the empirical level, there is a genuine disagreement between the two theories, but positivism has no good arguments against the realist empirical account. (24 journal pages).

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