Harvard University Press
Legality
About this book
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved.
Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.
Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Reviews
-- Thom Brooks Times Higher Education
-- Ekow Yankah Jotwell
-- William A. Edmundson Jurisprudence
-- Mark C. Murphy Law and Philosophy
-- Lawrence B. Solum Legal Theory blog
-- Jeremy Waldron Michigan Law Review
-- Stefan Sciaraffa Oxford Journal of Legal Studies
-- Judith Baer Political Science Quarterly
-- Frederick Schauer Yale Law Journal
-- Choice
-- Mark Greenberg, University of California, Los Angeles
-- Arthur Ripstein, University of Toronto
Topics
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Frontmatter
i -
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CONTENTS
vii -
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1. What Is Law (and Why Should We Care)?
1 -
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2. Crazy Little Thing Called “Law”
35 -
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3. Austin’s Sanction Theory
51 -
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4. Hart and the Rule of Recognition
79 -
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5. How to Do Things with Plans
118 -
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6. The Making of a Legal System
154 -
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7. What Law Is
193 -
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8. Legal Reasoning and Judicial Decision Making
234 -
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9. Hard Cases
259 -
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10. Theoretical Disagreements
282 -
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11. Dworkin and Distrust
307 -
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12. The Economy of Trust
331 -
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13. The Interpretation of Plans
353 -
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14. The Value of Legality
388 -
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Notes
403 -
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Acknowledgments
449 -
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Index
455