RT Article
T1 Shapiro’s Legality
JF Journal of moral philosophy
VO 12
IS 1
SP 83
OP 102
A1 Brand, Jeffrey
LA English
YR 2015
UL https://ixtheo.de/Record/1817471880
AB Scott Shapiro’s Legality provides at once a defense of analytical jurisprudence, an accessible introduction to it, and an important new positivist theory of law. Shapiro seeks to answer the main traditional questions of jurisprudence: “what is it about law that makes it law and not something else?” and “what necessarily follows from the fact that something is law?” His major innovation, building on Michael Bratman’s work, is to re-imagine H. L. A. Hart’s secondary rules, including his ultimate rule of recognition, as plans of a sort. Shapiro’s overarching goal, however, is to show that analytical jurisprudence has practical relevance for lawyers. I argue that his success is limited by his failure to present a coherent theory of how judges are morally permitted to rule, particularly in cases in which the law requires them to reach results that they consider to be unjust.
K1 Ronald Dworkin
K1 Legal positivism
K1 rule of recognition
K1 plans
K1 Michael Bratman
K1 H. L. A. Hart
K1 analytical jurisprudence
DO 10.1163/17455243-01201001