The Planning Theory of Law
- Miguel-Jose Lopez-Lorenzo
- … show all 1 hide
Rent the article at a discountRent now
* Final gross prices may vary according to local VAT.Get Access
Legality is Scott Shapiro’s first monograph, and offers a fresh and distinctive theory about the nature of law, bringing to full fruition the work he has undertaken in a number of influential articles (Shapiro 1998, 2002, 2007, 2009), Legality develops a sophisticated version of legal positivism called the Planning Theory of Law, which gets its name because it builds on the work of Michael Bratman in the philosophy of action (Bratman 1987, 1999), and defends the idea that familiar puzzles about the nature of law can be solved by paying closer attention to the role played by plans in our practical reasoning. In so doing, Legality is rich in insight and inventive in argument. Nevertheless, there may be some cause for suggesting that Shapiro frames his inquiry in a way which fails to adequately engage with non-positivists and, as such, Legality leaves untouched some important objections that might be raised against the Planning Theory of Law.
Legality is divided into 14 chapters, and its a ...
- Austin, John. 1998. The province of jurisprudence determined. Indianapolis: Hackett Publishing.
- Bratman, Michael. 1987. Intention, plans, and practical reason. Cambridge: Cambridge University Press.
- Bratman, Michael. 1999. Faces of intention. Cambridge: Cambridge University Press. CrossRef
- Dworkin, Ronald. 1977. Taking rights seriously. Cambridge, MA: Harvard University Press.
- Dworkin, Ronald. 1986. Law’s Empire. Cambridge, MA: Harvard University Press.
- Finnis, John. 1980. Natural law and natural rights. Oxford: Oxford University Press.
- Fuller, Lon. 1964. The inner morality of law. New Haven: Yale University Press.
- Greenberg, Mark. 2004. How facts make law. Legal Theory 10: 157–198. CrossRef
- Greenberg, Mark. 2011. The standard picture and its discontents. In Oxford studies in philosophy of law, vol. 1, ed. Leslie Green, and Brian Leiter, 39–106. Oxford: Oxford University Press. CrossRef
- Hart, H.L.A. 1994. The concept of law, 2nd ed. In Eds. Penelope Bulloch and Joseph Raz. Oxford: Oxford University Press.
- Shapiro, Scott. 1998. Hart’s way out. Legal Theory 4: 469–507. CrossRef
- Shapiro, Scott. 2002. Law, plans, and practical reason. Legal Theory 8: 387–441. CrossRef
- Shapiro, Scott. 2007. The Hart-Dworkin debate: A short guide for the perplexed. In Ronald Dworkin, ed. Arthur Ripstein, 22–55. Cambridge: Cambridge University Press.
- Shapiro, Scott. 2009. Was inclusive positivism founded on a mistake? Ratio Juris 22: 326–338. CrossRef
- Smith, Dale. 2010. Theoretical disagreement and the semantic sting. Oxford Journal of Legal Studies 30: 635–661. CrossRef
- Stavropoulos, Nicos. 2007. Why principles? Oxford Legal Studies Research Paper. Available at SSRN. http://www.ssrn.com/abstract=1023758. Accessed 1 October 2010.
- Stavropoulos, Nicos. 2009. The relevance of coercion: Some preliminaries. Ratio Juris 22: 339–358. CrossRef
- The Planning Theory of Law
Volume 18, Issue 2 , pp 201-206
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Author Affiliations
- 1. University College London, London, UK