July 3, 2008
What are the best articles in General Jurisprudence in the Last Year and Why?
Please post only once and be patient, posts may take awhile to appear.
Stanley L. Paulson, "Statutory Positivism", Legisprudence, Vol. 1., No. 1, 2007.
This paper is very important for the demystification of the legal positivism in the Central Europe.
Posted by: Tomáš Sobek | Jul 4, 2008 5:21:07 AM
Kevin Toh's "An Argument Against the Social Fact Thesis" (Law and Philosophy, published online in March) seems to me a very important paper. Toh argues convincingly that internal legal statements require normative grounds, so the social fact thesis can only be true with respect to external legal statements. He then proposes a positivist approach to "theoretical disagreement" that doesn't rely on the social fact thesis. I found the paper very convincing. I'm very curious what others think about it.
Posted by: Raleigh Morgan | Jul 7, 2008 3:01:02 AM
John Gardner's "Nearly Natural Law", published in the American Journal of Jurisprudence, 2007.
Gardner's piece is a typically insightful and subtle treatment of the affinities between the natural law tradition, and what is sound in modern legal positivism. He ranges across many of the key issues in general jurisprudence, and while his conclusions might, so he says, be seen as a defense of legal positivism, they should also motivate wider recognition that positivism, even if sound in its core commitments, can learn much from the answers provided by natural lawyers to other important questions. Gardner sees many of these answers as largely correct and essential to a complete picture of the nature of law. Positivism, he sees, can be but a small part of this picture. It is this important elucidation of a complex relationship between theories that marks Gardner's article out as among the best I have seen this year.
Posted by: Jim Moxey | Jul 11, 2008 3:17:32 PM
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