“What policy choices are feasible and which options are ‘pie in the sky’, ‘utopian’, or ‘politically impossible’? What is ‘necessary’ and what is merely ‘probable’? The Legal Theory Lexicon includes two entries that deal with aspects of these questions, Legal Theory Lexicon 011: Second Best and Legal Theory Lexicon 062: Path Dependency. In this post, we will investigate the concepts of ‘possibility’ and ‘necessity’. These ideas are ubiquitous in theoretical discourse, but they are rarely defined or explicated …” (more)
[Lawrence Solum, Legal Theory Blog, 17 April]
First posted 2022-04-18 08:00:36
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