, Volume 18, Issue 2, pp 201-206
Date: 11 Oct 2011

The Planning Theory of Law

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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 ...