Legal Doctrinal Scholarship and Interdisciplinary Engagement

Essay Explanation in Legal Scholarship: the Inferential Structure of Doctrinal Legal Analysis

Consider a type of argument that is familiar in legal scholarship, such a commonplace in fact that its structure may lurk unnoticed in the background by the reader. The argument proceeds like this: (1) Here is some legal doctrine or rule; (2) courts and scholars (or at least my rivals) tend to think that its point, rationale, purpose, or function is X—that is, the doctrine is “all about” X; (3)...

Bounded Rationality and Legal Scholarship

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...

Reflections on the "Republican Revival": Interdisciplinary Scholarship in the Legal Academy

Intellectual Voyeurism in Legal Scholarship