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Legal Positivism

The standard party line of the legal positivists goes that laws are created through social behavior and, while in some distant sense express a normative moral will of the people, don’t latch on…

Oral arguments were heard two weeks ago on whether the minimum coverage provision of the Health Care Reform Act, passed by congress during the Obama presidency, is constitutional. (Find oral arguments here). Constitutional on…

With Evidence from Legal Theory. Philosopher and legal theorist Brian Leiter articulates a common opinion in his essay “Rethinking Legal Realism: Towards a Naturalized Jurisprudence” when he says that any attempt to eschew transcendental thinking consequences relativism. This consequence, however, is not necessary. His opinion stems from a misguided acknowledgment that there is a philosophically meaningful distinction between realism (the belief that our descriptions of word hook up to the way things truly are) and anti-realism (the belief that our descriptions do so correspond).

There is nothing foundational about philosophy and therefore, nothing foundational about law. To some philosophy is the programme that seeks to found our rational thoughts in an unmovable, universal, all-encompassing, propositional truth as it as…

A brief listen to the current state of the indie music scene or a few minutes at Urban Outfitters paints a clear picture that the style of the 1980’s, both synthpop and bad sweater designs,…

Back in 2010, in a hearing in front of the Senate Finance Committee, Goldman Sachs was accused of wrongdoing that helped precipitate the economic collapse of 2008. Goldman CEO Lloyd Blankfein nonchalantly dismissed these charges,…