Law Actually: Practical Reason, Anarchism and the Legal Rule-Compliance Phenomenon

Doctrinal Categories, Legal Realism, and the Rule of Law

INTRODUCTION ....................................................................................... 1889 I. THE REALIST CONCEPTION OF LAW .................................................. 1891 II. THE ROLE OF DOCTRINE AND THE RULE OF LAW ........................... 1898 III. DOCTRINAL CATEGORIES, REALISTICALLY RECONSTRUCTED ........... 1905 IV. A CASE STUDY: ON PROPERTY AND PROPERTY INSTITUTI...

Practical Anarchism: Peer Mutualism, Market Power, and the Fallible State*

The article considers several working anarchies in the networked environment, and whether they offer a model for improving on the persistent imperfections of markets and states. I explore whether these efforts of peer mutualism in fact offer a sufficient range of capabilities to present a meaningful degree of freedom to those who rely on the capabilities it affords, and whether these practices ...

Legal Reason: The Use of Analogy in Legal Argument

Copyright and the Rule of Reason

Copyright law seeks a balance between private incentives to create new works, and public access to the works created. To achieve this balance, copyright law must be based on a theory of harm i.e., we must understand the kinds of uses that cause significant harm to authors’ incentives, and those that do not, so that we might focus on regulating the former and not the latter. And here is where th...

reason as the source of thinking about the duality of reason and natural justice in the foundation of validity of the legal rule

highlighting the driving cause and its strict relationship with the formal cause and especially the final cause in the intrinsic elements of natural justice has caused the duality of reason and natural justice in the thinking of the proponents of the reason as the source. since the same emphasis makes the full understanding of the mechanisms of natural justice and its content for the human wisd...