Jules L. Coleman's research while affiliated with Novus Law School and other places
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Publications (2)
H.L.A. Hart's The Concept of Law is the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his positio...
There is a close but largely unexplored connection between law and economics and cognitive psychology. Law and economics applies economic models, modes of analysis, and argument to legal problems. Economic theory can be applied to legal problems for predictive, explanatory, or evaluative purposes. In explaining or assessing human action, economic t...
Citations
... Taking care not to presuppose that legal facts always depend on moral facts, positivists have pressed the possibility of a social convention that the legal facts pertaining to a particular jurisdiction are determined by both social facts and substantive moral facts: In some legal systems, as in the United States, the ultimate criteria of legal validity explicitly incorporate principles of justice or substantive moral values … (Hart 1994, 204;similarly, Lyons 1993;Waluchow 1994;Coleman 2001). In light of the possibility of genuine moral debate, such a convention would introduce a range of legal disagreement that is consistent with the law's ultimate dependence on social facts (e.g., Rodriguez-Blanco 2003). ...
