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Valauri on Aristotle & Philosophy of Law

By Lawrence Solum

John T. Valauri (Northern Kentucky University - Salmon P. Chase College of Law) has posted Dialectical Jurisprudence: Aristotle and the Concept of Law on SSRN. Here is the abstract:

This article offers a therapy for modern analytic legal philosophy?s bipolar disorder, a disorder manifested in the tendency to approach and analyze philosophical topics as dueling dichotomies, incapable of resolution or reconciliation. The upshot of this situation has been the division of Anglo-American legal philosophy into two warring camps ? positivist and non-positivist. Through an examination of puzzles involving conceptual analysis and legal rules, this article suggests a dialectical alternative to the bipolar disorder, an alternative inspired by Aristotle?s practical philosophy. This dialectical jurisprudence seeks to change the pursuit of the nature of law from a search for necessary and sufficient conditions to an illumination of the continuities between important elements of law.

Recommended.

Full post as published by Legal Theory Blog on August 17, 2010 (boomark / email).