Topic

Legal Theory

Posts

  • ArticleVol. 95 · Iss. 5

    The Pragmatist Tradition: Lessons for Legal Theorists

    As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition…

  • ArticleVol. 95 · Iss. 5

    A New Historical Jurisprudence?

    In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up…

  • ArticleVol. 95 · Iss. 5

    Three Forms of Legal Pragmatism

    Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I…

  • ArticleVol. 98 · Iss. 3

    Breaking Down Status

    The law regulates some of society’s most significant relationships through status. Yet social and legal changes can diminish a status’s effectiveness and importance. The…

  • ArticleVol. 89 · Iss. 4

    Judging, Expertise, and the Rule of Law

    We live in an era of hyper specialization. Professionals across a spectrum of fields focus on mastering and practicing in narrow subspecialties. This is…