This lively book reassesses a century of jurisprudential thought from a fresh perspective and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the worldview that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words" - or a kind of nonsense.
Steven D. Smith is Warren Distinguished Professor of Law at the University of San Diego. He is also Co-Director, Institute for Law and Philosophy.
Preface Part I. Law and Metaphysics? 1. Just Words? 2. Ontological Dynasties Part II. (How) Is Law for Real? 3. Does "the Law" Exist? 4. the Jurisprudence of Modernity Part III. The Metaphysics of Legal Meaning 5. How Does Law Mean? 6. Author(s) Wanted Part IV. Mind the Gap 7. Law in a Quandary Epilogue: Confusion and Confession Notes Index
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- ID: 9780674025738
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