Legal Theory Lexicon

New Location for Legal Theory Blog The Legal Theory Lexicon is part of Legal Theory Blog. The new location for Legal Theory Blog is: http://lsolum.typepad.com/legaltheory/

http://legaltheorylexicon.blogspot.com/2006/11/new-location-for-legal-theory-blog.html

New Location for the Legal Theory Lexicon Archives The new location for the archives of the Legal Theory Lexicon is:http://lsolum.typepad.com/legal_theory_lexicon/

http://legaltheorylexicon.blogspot.com/2006/07/new-location-for-legal-theory-lexicon.html

Legal Theory Lexicon 049: Distributive JusticeIntroduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative l...

http://legaltheorylexicon.blogspot.com/2005/07/legal-theory-lexicon-049-distributive.html

Legal Theory Lexicon 048: Libertarian Theories of LawIntroduction The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and ...

http://legaltheorylexicon.blogspot.com/2005/06/legal-theory-lexicon-048-libertarian.html

Legal Theory Lexicon 047: The Counter-Majoritarian DifficultyIntroduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. The phrase is attributed to A...

http://legaltheorylexicon.blogspot.com/2005/06/legal-theory-lexicon-047-counter.html

Legal Theory Lexicon 046: LegitimacyIntroduction Legitimacy. It’s a word much bandied about by students of the law. “Bush v. Gore was an illegitimate decision.” “The Supreme Court’s imp...

http://legaltheorylexicon.blogspot.com/2005/06/legal-theory-lexicon-046.html

Legal Theory Lexicon 045: The Attitudinal Model & the New Institutionalism Introduction The legal academy is not the only locus for serious study of the law. Legal phenomena are examined in a var...

http://legaltheorylexicon.blogspot.com/2005/06/legal-theory-lexicon-045-attitudinal.html

Legal Theory Lexicon 044: Legal Theory, Jurisprudence, and the Philosophy of LawIntroduction The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or phi...

http://legaltheorylexicon.blogspot.com/2005/05/legal-theory-lexicon-044-legal-theory.html

Legal Theory Lexicon 043: Formalism and InstrumentalismIntroduction American law students learn about formalism instrumentalism early on—although those particular terms may not be introduced. M...

http://legaltheorylexicon.blogspot.com/2005/05/legal-theory-lexicon-043-formalism-and.html

Legal Theory Lexicon 042: ConsentIntroduction Most law students begin realize that consent is a powerful legal and moral concept early in the first year of law school. A physical blow to the pers...

http://legaltheorylexicon.blogspot.com/2004/11/legal-theory-lexicon-042.html

Legal Theory Lexicon 041: MetaethicsIntroduction Suppose that we are debating a question in normative legal theory--e.g., whether gay couples should have a constitutional right to marry or whethe...

http://legaltheorylexicon.blogspot.com/2004/06/legal-theory-lexicon-041.html

Legal Theory Lexicon 040: Functional Explanation in Legal TheoryIntroduction In a prior installment of the Legal Theory Lexicon, we explored the difference between Positive and Normative Legal Th...

http://legaltheorylexicon.blogspot.com/2004/06/legal-theory-lexicon-040-functional.html

Legal Theory Lexicon 039: Primary and Secondary RulesIntroduction Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts &...

http://legaltheorylexicon.blogspot.com/2004/06/legal-theory-lexicon-039-primary-and.html

Legal Theory Lexicon 038: The Internal Point of ViewIntroduction How can we look at a legal system? H.L.A. Hart famously deployed the distinction between external and internal perspectives on a l...

http://legaltheorylexicon.blogspot.com/2004/05/legal-theory-lexicon-038-internal.html

Legal Theory Lexicon 037: Overlapping Consensus & Incompletely Theorized AgreementsIntroduction As law students become more sophisticated, they begin to notice that certain debates seem to repeat...

http://legaltheorylexicon.blogspot.com/2004/05/legal-theory-lexicon-037-overlapping.html

Legal Theory Lexicon 036: IndeterminacyIntroduction It all depends on your first year section, but many law students begin to get a sinking feeling about the law early in their first year. Does t...

http://legaltheorylexicon.blogspot.com/2004/05/legal-theory-lexicon-036.html

Legal Theory Lexicon 035: Strict Construction & Judicial ActivismIntroduction This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal...

http://legaltheorylexicon.blogspot.com/2004/05/legal-theory-lexicon-035-strict.html

Legal Theory Lexicon 034: HohfeldIntroduction You need to know Hohfeld. Why? Because W.N. Hohfeld’s typology of rights from his book Fundamental Legal Conceptions is, well, fundamental. And use...

http://legaltheorylexicon.blogspot.com/2004/05/legal-theory-lexicon-034.html

Legal Theory Lexicon 033: HolismIntroduction Our topic this week is “holism,” more particularly the idea that theories of the law are (or “should be” or “can be”) holistic. Legal holi...

http://legaltheorylexicon.blogspot.com/2004/04/legal-theory-lexicon-033.html

Legal Theory Lexicon 032: Fit and JustificationIntroduction In 1975, Ronald Dworkin wrote Hard Cases (88 Harvard Law Review 1057 (1975) reprinted in Ronald Dworkin, Taking Rights Seriously ch 4 (...

http://legaltheorylexicon.blogspot.com/2004/04/legal-theory-lexicon-032-fit-and.html

Legal Theory Lexicon 031: Virtue JurisprudenceIntroduction Law students with a background in philosophy are sure to notice the strong influence of moral philosophy on legal thinking. Theories lik...

http://legaltheorylexicon.blogspot.com/2004/04/legal-theory-lexicon-031-virtue.html

Legal Theory Lexicon 030: TextualismIntroduction One of the most important topics in legal theory is “legal interpretation,” the theory of the derivation of meaning from legal texts. Of cours...

http://legaltheorylexicon.blogspot.com/2004/04/legal-theory-lexicon-030.html

Legal Theory Lexicon 029: Public and Private GoodsIntroduction One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good." Sooner or later law students...

http://legaltheorylexicon.blogspot.com/2004/03/legal-theory-lexicon-029-public-and.html

Legal Theory Lexicon 028: Concepts and ConceptionsIntroduction Some ideas seem to be endlessly debated. We might all agree that "justice" is a good thing, but some of us think that justice boils ...

http://legaltheorylexicon.blogspot.com/2004/03/legal-theory-lexicon-028-concepts-and.html

Legal Theory Lexicon 027: PersonhoodIntroduction Are the unborn human persons? What is the difference between legal and moral personhood? What does it mean to say that a corporation is a legal pe...

http://legaltheorylexicon.blogspot.com/2004/03/legal-theory-lexicon-027.html