Wednesday 15 March 2023 5:00pm to 6:00pm
Online webinar
About
Speaker: Kevin Tobia (Georgetown)
One of private law theory’s longstanding projects is the analysis of (private law’s) concepts. The new private law has renewed interest in that project, which includes the careful comparison of legal concepts to similar ordinary ones. Insofar as legal theorists may not know from the armchair every feature of the relevant ordinary concepts, empirical research about those concepts can offer insights for private law theory. This chapter considers, as an example, recent research in experimental jurisprudence, including work on comparative private law theory. Recent multi-country and multi-linguistic empirical research has examined concepts of legal interest, including intent and reasonableness. These studies reveal similarities and differences among citizens of varied legal systems, languages, and cultures, raising new possibilities and questions for private law theory.
The Paper: https://bit.ly/ktobiapaper
The Zoom link: https://bit.ly/cltdglt4
Everyone is welcome to attend!
The Zoom link: https://bit.ly/cltdg2022mt4
The Paper: https://bit.ly/myarompaper
Abstract: It is a fundamental tenet of modern positivist thought that law guides the behavior of its subjects. It is also a longstanding commitment of positivism that coherence plays no part in a theory of law. This article argues that these two commitments are in tension. After clarifying the relevant conception of coherence for the discussion it tackles the more serious challenge for coherence theories: That they cannot be reconciled with the authoritative nature of law. By drawing on the complexity of guiding behavior, the article demonstrates that a minimal notion of coherence is necessary for any theory of authority. It is thus seen that positivism must either admit substantive coherence into its concept of law, or significantly water down its claims that the law guides the behavior of subjects.
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