‘Legal Theory Lexicon: Overlapping Consensus and Incompletely Theorized Agreements’

“As law students become more sophisticated, they begin to notice that certain debates seem to repeat themselves over and over again. Disagreements about disparate subjects – in procedure, criminal law, torts, property, and constitutional law – frequently seem to turn on the really big questions of ethics and political theory. On the one hand, the proponents of inviolate individual rights appeal to deontological premises in moral theory or to liberal (or libertarian) ideas in political philosophy …” (more)

[Lawrence Solum, Legal Theory Blog, 24 October]

First posted 2021-10-25 12:00:52

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