“The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and government subject to the constraints imposed by an equally robust set of individual rights. Normative legal theorists of all stripes – conservatives and liberals, welfarists and deontologists – tend to agree that the institution of law is fundamentally legitimate and that the legal regulation has a large role to play. There is, however, a counter-tradition in legal theory that challenges the legitimacy of law and contends that the role of law should be narrowly confined or even eliminated …” (more)
[Lawrence Solum, Legal Theory Blog, 2 January]
First posted 2022-01-10 12:00:09
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