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Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy
Introduction: From Legal Realism to Naturalized Jurisprudence A NOTE ON LEGAL INTERDETERMINCY PART I: AMERICAN LEGAL REALISM AND ITS CRITICS 1. Rethinking Legal Realism: Toward a Naturalized
Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence
For three decades now, much of the Anglo-American legal philosophy curriculum has been organized around something called the Hart/Dworkin debate, a debate whose starting point is Ronald Dworkin's
Naturalized Epistemology and the Law of Evidence
This paper important developments in epistemology, and defends a theoretical framework for evidence scholarship from the perspective of naturalized epistemology. It demonstrates that naturalized
American Legal Realism
This essay sets out the main elements of the revisionary and philosophical interpretation of the jurisprudence of American Legal Realism that I have developed in a series of articles over the last
The case for Nietzschean moral psychology
Contemporary moral psychology has been dominated by two broad traditions, one usually associated with Aristotle, the other with Kant. The broadly Aristotelian approach emphasizes the role of
LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?
In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the
Nietzsche and the Morality Critics
Comparaison entre la philosophie morale de Nietzsche et la nouvelle critique de la moralite qui se developpe dans le monde anglo-saxon. Alors que la critique nietzscheenne de la moralite s'inscrit
Rethinking Legal Realism: Toward a Naturalized Jurisprudence
I. Introduction Considering the enormous influence Legal Realism has exercised upon American law and legal education over the last sixty years, and considering, too, as the cliche has it, that "we
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