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  4. Explaining Legal Agreement and Disagreement

Explaining Legal Agreement and Disagreement

File(s)
Watson_cornellgrad_0058_13467.pdf (1.25 MB)
Permanent Link(s)
https://doi.org/10.7298/fv8b-2s25
https://hdl.handle.net/1813/114173
Collections
Cornell Theses and Dissertations
Author
Watson, Frederick
Abstract

Why do lawyers and judges agree on what the law directs in particular cases as often as they do? Why do they sometimes disagree? And what can this agreement and disagreement teach us about the nature of law—about the sort of thing that law is, wherever and whenever it is found? This dissertation develops a version of Hartian Positivism and shows how it straightforwardly explains legal practitioners’ agreement, as well as their disagreement, with respect to the law. Indeed, Hartian Positivism better accounts for these facts than rival theories, such as Ronald Dworkin’s theory of Law as Integrity, Scott Shapiro’s Planning Theory, and Mark Greenberg’s Moral Impact Theory.

Date Issued
2023-05
Keywords
General jurisprudence
•
Legal agreement
•
Legal disagreement
•
Legal positivism
•
Metalinguistic negotiation
•
Theoretical disagreement
Committee Chair
Marmor, Andres
Committee Member
Markovits, Julia
Atiq, Emad
Degree Discipline
Philosophy
Degree Name
Ph. D., Philosophy
Degree Level
Doctor of Philosophy
Type
dissertation or thesis
Link(s) to Catalog Record
https://newcatalog.library.cornell.edu/catalog/16176400

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