Mixed Theories of Law

Papers and Books

• Aulis Aarnio (ed.) (1998). On Coherence Theory of Law. Distribution, Akademibokhandeln I Lund.
• Robert Alexy (2015). Legal Certainty and Correctness. Ratio Juris 28 (4):441-451. What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law-and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law. Thus, in an initial step, I will briefly look at the concept and the nature of law. In a second step, I will attempt to explain what the concept and the nature of law, (…)
• Brian E. Butler (2010). Democracy and Law: Situating Law Within John Dewey’s Democratic Vision. Etica & Politica 12 (1):256-280. In this paper I argue that John Dewey developed a philosophy of law that follows directly from his conception of democracy. Indeed, under Dewey’s theory an understanding of law can only follow from an accurate understanding of the social and political context within which it functions. This has important implications for the form law takes within democ- ratic society. The paper will explore these implications through a comparison of Dewey’s claims with those of Richard Posner and Ronald Dworkin; two other (…)
• C. Faraco (ed.) (2013). Obbligo politico e libertà nel pensiero di Francisco Suárez, FrancoAngeli, Milano, 2013. FrancoAngeli. Se l’uomo è nato libero e non soggetto ad un suo pari, può obbligare un altro uomo senza cadere nella tirannia? È la domanda a cui Suárez cerca di dare risposta attraverso lo studio della legge, interpretata come una manifestazione dell’intelletto e della volontà, ovvero le due componenti che, in continuo ed armonico dialogo, sono la base di una nuova costruzione morale. Il gesuita riscrive il rapporto tra Creatore e creatura, da un lato, e il rapporto tra obbligo politico e (…)
• Aldo Gangemi (2008). Norms and Plans as Unification Criteria for Social Collectives. Journal of Autonomous Agents and Multi-Agent Systems 16 (3).
• Dean Goorden (2012). Dworkin and Phenomenology of the “Pre-Legal” ? Ratio Juris 25 (3):393-408. Ronald Dworkin states in his preface to “Law’s Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin’s theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin’s phenomenology of law to Schütz’s phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and (…)
• Ross Motabhoy (2012). A Critical Examination of Jiri Priban’s “Doing What Comes Naturally, or a Walk on the Wild Side? Stanlet Fish’s Antifoundationalist Concept of Law, It’s Closure and Force”. Dissertation, University of Kent
• Pedro Proscurcin Junior (2014). O Direito como uma prática artística, literária e conversacional. Redescrições 5 (3):07-48. The article investigates the use of the term “Law” in Richard Rorty and suggests an alternative use of the word. Although Rorty’s anti-foundationalism and antirepresentationalism are well known specially in relation to the metaphysical grounds of the human sciences, I argue that he would employ the term “law” in important rhetorical contexts. The text proposes to identify some aspects of the Rortyan Approach to “law” and, at the same time, focuses on the environment and the professional activity of the jurists (…)
• Makoto Usami (2008). Law as Public Policy: Combining Justice with Interest. In Tadeusz Biernat & Marek Zirk-Sadowski (eds.), Politics of Law and Legal Policy: Between Modern and Post-Modern Jurisprudence. Wolters Kluwer Polska 292–315. In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a (…)

Resources

See Also

• Legal Positivism
• Natural Law Theory
• Interpretivist Theories of Law
• Legal Realism
• Nature of Law