“In a prior installment of the Legal Theory Lexicon, we explored the difference between Positive and Normative Legal Theories. Positive legal theory attempts to explain and predict legal behavior, especially the content of legal rules. Normative legal theory makes claims about what those rules should be. This week’s post is about an important and familiar concept in positive legal theory – the idea of a functional explanation …” (more)
[Lawrence Solum, Legal Theory Blog, 5 January]
First posted 2020-01-06 07:07:18
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