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January 27, 2008

Best Articles in Legal Philosophy That Appeared in 2007?

So, as I noted on my philosophy blog, The Philosopher's Annual is coming back to life, and now I've been asked to serve as a Nominating Editor.  I would be curious to hear from readers whether there were any philosophy of law articles that appeared in 2007 that they thought were really first-rate?  I think there might be one or two in contention, but I may also have missed good pieces.  All comments on this thread must be signed.  Post only once; as usual, comments may take awhile to appear.  Thanks for your assistance.

Posted by Brian Leiter on January 27, 2008 in General Jurisprudence, Legal Theory, The Profession | Permalink


I'd nominate Kevin Toh's "Raz on Detachment, Acceptance and Describability", Oxford Journal of Legal Studies, vol. 27, no. 3, if only because his earlier "Hart's Expressivism and his Benthamite Project" (published in 2005) didn't have a chance to. His re-reading of Hartian positivism is original and very promising. I'm looking forward to his next article.

Posted by: E Riffo | Jan 28, 2008 9:28:34 AM

I very much enjoyed John Mikhail's 'Plucking the Mask of Mystery from its Face': Jurisprudence and H.L.A. Hart, 95 Georgetown L.J. 733 (2007). The piece takes the form of the review essay, but it's really a very intelligent and philosophically informed piece of intellectual history.

Posted by: Jeremy Telman | Feb 22, 2008 5:36:52 PM

Thanks for the suggestions. Toh's piece on Hart's non-cognitivism was clearly the most important jurisprudential paper of 2005, but, alas, that year has passed. His more recent paper on Raz is very welcome, indeed, but perhaps not as ground-breaking.

I also found Mikhail's review essay useful, but I don't think that kind of article is a serious contender for purposes of the 'best philosophy' paper of a given year.

Posted by: Brian Leiter | Feb 23, 2008 9:04:34 PM

For my purposes I very much enjoyed Robin B. Kar's "Hart's Respose to Exclusive Legal Positivism"

Posted by: PhD candidate | Mar 23, 2008 12:26:55 PM

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