Brian Leiter, ‘Critical Remarks on Shapiro’s Legality and the “Grounding Turn” in Recent Jurisprudence’ (October 15, 2020), available at SSRN. There are two overlapping complaints often offered about contemporary jurisprudence: the first is that it is too much aimed at an audience of (other) philosophers rather than an audience of legal practitioners; the second is that it is too dependent on advanced theory to be accessible to the average lawyer and legal academic. Brian Leiter’s recent SSRN post, ‘Critical Remarks on Shapiro’s Legality and the “Grounding Turn” in Recent Jurisprudence’ (which he indicates may become part of a forthcoming monograph (p 1)), offers a response relevant to the second concern, and perhaps the first as well. Leiter’s basic argument is that Scott Shapiro’s influential work, Legality, reflects an unfortunate turning away from HLA Hart’s basic insights about law and theorizing about law, and towards unnecessary metaphysics … (more)
[Brian Bix, JOTWELL, 2 August]
First posted 2021-08-03 16:15:04
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