If a legal rule tells us to do something, do we thereby have a reason to do it? This remains one of the most basic questions for theoretical and practical reflection on law. It is a foundational question, which many prominent contemporary theorists have discussed, yet the topic remains poorly understood. While many legal positivists have recently sought to “explain normativity”, this is likely a project inconsistent with the basic commitments of legal positivism, and, in any event, thoroughly unnecessary. Following (...) ides of M. B. E. Smith and David Enoch, this article emphasizes that law does not always (or “essentially” or paradigmatically) give reasons for action, and when it does give us reasons for action, it does so in unremarkable ways.Resumen:Si una norma jurídica nos dice que hagamos algo, ¿acaso por ese solo hecho tenemos una razón para hacerlo? Esta sigue siendo una de las preguntas más básicas para la reflexión jurídica, tanto teórica como práctica. Se trata de una cuestión fundamental que muchos teóricos importantes del derecho han discutido; aunque el tópico sigue estando muy pobremente entendido. No obstante que recientemente muchos teóricos positivistas han buscado “explicar la normatividad”, este es probablemente un proyecto inconsistente con los compromisos básicos del positivismo jurídico y, en cualquier caso, totalmente innecesario. Siguiendo las ideas de M. B. E. Smith y David Enoch, este artículo subraya que el derecho no siempre (o no “esencial” o paradigmáticamente) ofrece razones para la acción, y cuando es el caso que ofrece razones para la acción lo hace de una manera irrelevante. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 157-172 [Access article in PDF] Symposium: On Ken Burns's "Jazz" Jazz: America's Classical Music? 1 Lee B. Brown I VIEWERS OF KEN BURNS'S third cultural epic "Jazz" probably fell into one of three categories. 2 Some found it gripping. Some found it grating. Some found it both at once.The series has unforgettable moments: spectacular jitterbug sequences; Jimmy Lunceford's horn men fanning their trumpet bells (...) with hat mutes in sync; the close-up of the whirring cross-hand drumming of Art Blakey; the bitter-sweet glance Billie Holiday and Lester Young exchange in their last filmed appearance together; the occasional marriage of visuals to music. One riveting three minutes comes when the talking heads tune out, a 78-rpm disk of Louis Armstrong's "West End Blues" is set spinning, and the thrilling notes pour out on a carousel of visual imagery—finally freeze-framing on the face of the young genius himself.On the downside, the series is massively repetitious. As a result of Burns's decision to track two major figures—Louis Armstrong and Duke Ellington—from cradle to grave, the same cuts of Armstrong appear again and again, no matter what the time frame. Some of the series' commentators are particularly annoying—the fiddler of Burns's Civil War series, Matt Glaser, for instance, with his fatuous theories [End Page 157] about Louis Armstrong and Albert Einstein. And the documentary's heavy load of social freight—by Wynton Marsalis, and his mentors Albert Murray and Stanley Crouch 3 —threatens to flatten the music.The series is designed as informative entertainment, not Jazz 101. But Burns pays a price here, as he did in his documentary about baseball, in which not even the basics of the game, let alone any of the subtleties, were explained. In "Jazz" we get no explanation of what Jelly Roll Morton did to transform ragtime into jazz. (The series could easily have pressed Morton himself into service. With no sacrifice of his considerable charm, Morton did explain it, beautifully, in his recorded Library of Congress interviews. 4) Although the swing era gets big billing, no attempt is made to explain how swing rhythm actually works, as contrasted with earlier practices. (I have watched swing drummer Panama Francis entertain a packed hall with a brief but riveting illustration of how it works.)As jazz history, the film also has problems. Some legendary figures are resurrected unconvincingly. When Marsalis tells us what the legendary trumpet player Buddy Bolden sounded like, the illustrative off-camera trumpet is Marsalis's, not Bolden's, who embedded not one note in a record groove. Further, we face the tiresomely obvious problem of omissions. We hear nothing of Albert Ayler, Keith Jarrett, Sun Ra, Mildred Bailey, Benny Carter, Lennie Tristano, Erroll Garner, Eric Dolphy, Art Pepper, or Woody Herman. All we learn about Bill Evans—whose influence on jazz piano was huge—is that Miles Davis hired him even though he was white. Omissions are inevitable, of course. But there is a muted pattern to the exclusions. It was impossible for the series to avoid Benny Goodman, given his central role in the swing era. But white figures are too often either ignored or treated as alienated outsiders. We hear New York Times columnist Margo Jefferson opine that Bix Beiderbecke drank himself to death because he wasn't allowed to play with black musicians. In fact, many of the greatest players—white and black—never played with musicians of their own caliber.Most figures covered in the film are treated either with respect or with reverence. But things get nasty when matters turn to avant-gardists. Thus, Branford Marsalis—Wynton's talented brother—singles out the volcanic pianist Cecil Taylor for a particularly hostile attack. 5 Instead of explaining what Ornette Coleman meant by "free jazz," Albert Murray tells us that jazz is, by definition, free music—and by implication, that Coleman's concept must be fatuous. And Wynton has complained [End Page 158] elsewhere about a jazz avant-garde retreat into what he calls "a... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 157-172 [Access article in PDF] Symposium: On Ken Burns's "Jazz" Jazz: America's Classical Music? 1 Lee B. Brown I VIEWERS OF KEN BURNS'S third cultural epic "Jazz" probably fell into one of three categories. 2 Some found it gripping. Some found it grating. Some found it both at once.The series has unforgettable moments: spectacular jitterbug sequences; Jimmy Lunceford's horn men fanning their trumpet bells (...) with hat mutes in sync; the close-up of the whirring cross-hand drumming of Art Blakey; the bitter-sweet glance Billie Holiday and Lester Young exchange in their last filmed appearance together; the occasional marriage of visuals to music. One riveting three minutes comes when the talking heads tune out, a 78-rpm disk of Louis Armstrong's "West End Blues" is set spinning, and the thrilling notes pour out on a carousel of visual imagery—finally freeze-framing on the face of the young genius himself.On the downside, the series is massively repetitious. As a result of Burns's decision to track two major figures—Louis Armstrong and Duke Ellington—from cradle to grave, the same cuts of Armstrong appear again and again, no matter what the time frame. Some of the series' commentators are particularly annoying—the fiddler of Burns's Civil War series, Matt Glaser, for instance, with his fatuous theories [End Page 157] about Louis Armstrong and Albert Einstein. And the documentary's heavy load of social freight—by Wynton Marsalis, and his mentors Albert Murray and Stanley Crouch 3 —threatens to flatten the music.The series is designed as informative entertainment, not Jazz 101. But Burns pays a price here, as he did in his documentary about baseball, in which not even the basics of the game, let alone any of the subtleties, were explained. In "Jazz" we get no explanation of what Jelly Roll Morton did to transform ragtime into jazz. (The series could easily have pressed Morton himself into service. With no sacrifice of his considerable charm, Morton did explain it, beautifully, in his recorded Library of Congress interviews. 4) Although the swing era gets big billing, no attempt is made to explain how swing rhythm actually works, as contrasted with earlier practices. (I have watched swing drummer Panama Francis entertain a packed hall with a brief but riveting illustration of how it works.)As jazz history, the film also has problems. Some legendary figures are resurrected unconvincingly. When Marsalis tells us what the legendary trumpet player Buddy Bolden sounded like, the illustrative off-camera trumpet is Marsalis's, not Bolden's, who embedded not one note in a record groove. Further, we face the tiresomely obvious problem of omissions. We hear nothing of Albert Ayler, Keith Jarrett, Sun Ra, Mildred Bailey, Benny Carter, Lennie Tristano, Erroll Garner, Eric Dolphy, Art Pepper, or Woody Herman. All we learn about Bill Evans—whose influence on jazz piano was huge—is that Miles Davis hired him even though he was white. Omissions are inevitable, of course. But there is a muted pattern to the exclusions. It was impossible for the series to avoid Benny Goodman, given his central role in the swing era. But white figures are too often either ignored or treated as alienated outsiders. We hear New York Times columnist Margo Jefferson opine that Bix Beiderbecke drank himself to death because he wasn't allowed to play with black musicians. In fact, many of the greatest players—white and black—never played with musicians of their own caliber.Most figures covered in the film are treated either with respect or with reverence. But things get nasty when matters turn to avant-gardists. Thus, Branford Marsalis—Wynton's talented brother—singles out the volcanic pianist Cecil Taylor for a particularly hostile attack. 5 Instead of explaining what Ornette Coleman meant by "free jazz," Albert Murray tells us that jazz is, by definition, free music—and by implication, that Coleman's concept must be fatuous. And Wynton has complained [End Page 158] elsewhere about a jazz avant-garde retreat into what he calls "a... (shrink)

This introduction to legal theory provides a broad overview of the main topics and theories and covers the central issues. Written in a straightforward style, the author conveys academically challenging and often controversial ideas in a lucid manner.

One standard criterion for there being objectivity in an area of discourse is that there is conceptual space between what someone thinks to be the case and what actually is the case. That is, participants can be mistaken. This article explores one aspect of the objectivity debate as regards law: does it make sense to say that all legal officials or practitioners in a jurisdiction are mistaken (over a significant period of time) about some legal proposition? The possibility of legal (...) error is important to discourse within and about the law. In contrast to the views of some American legal realists, it is important to deny that law is only what the officials declare it to be. However, as this article argues, claims of long-term global error in law are more problematic. The truth of legal propositions seems to be a complex function of official actions and the meaning of the terms used in authoritative legal texts. Because of the conventional nature of law, there are problems with claiming global error regarding propositions of (within) law, the existence of legal norms, and structural priorities among types of legal norms. At times, the law may in fact simply be what officials (collectively) say it is, over the long term. However, the article also notes areas where claims of long-term global error are more sustainable: where the law incorporates a term from another discourse, or where the law purports to interpret an authoritative text. (shrink)

Pierluigi Chiassoni’s wonderful book, Interpretation without Truth,1 is an important and welcome addition to the ongoing conversations about interpretation, legal realism, and legal truth. Chiasson...

H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was putting forward (...) a policy argument for why rules should be applied in a way which would require that discretion. (shrink)

There are a growing number of general theories of contract law and of other doctrinal areas. These theories are vastly ambitious in their aims. This article explores the nature of these claims, and the motivations for offering such theories, while considering the challenges to success. It is in the nature of theorizing to seek general categories, including doctrinal categories, and to try to discover insights that hold across those categories. However, differences both within a doctrinal area and across legal systems (...) undermine the case for universal and general theories. Also, unjustifiably general theories may distract us from developing properly contextual legal rules, and might even have the unintended effect of legitimating unjust rules. (shrink)

Conceptual analysis is an integral part of legal theory, but the nature and purpose of such inquiries are often not clearly stated. In this article, I attempt to elaborate upon some of the differing reasons for conceptual analysis and what consequences may follow from choosing one objective rather than another. By showing that divergent purposes are often present in competing analyses of the same concept, I also hope to indicate why some “debates” in the jurisprudential literature are best understood as (...) theorists talking past one another. (shrink)

In his work, On Law and Justice, Alf Ross sought to explain law in scientific/empirical terms, in terms that would require no recourse to what he called “metaphysics” or “idealism.” The result is a sort of translation of legal rules and official actions into propositions of behavior, predictions of behavior, and shared ideology. The present work raises questions about the tensions within Ross's work(s), and discusses the places where Ross's analysis seems to fall short of its ambitions. In the course (...) of the discussion, the article considers issues relating to legal mistake, explanations of judicial behavior, and different types of normativity. (shrink)

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a normative (...) way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the (...) effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers’ breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach. (shrink)

This article offers an overview of the difficulties in Robert Alexy’s idea of law’s “claim to correctness.” The inquiry takes us deep into the nature of simple communication, back out to what it means to have a theory about the nature of law, and also in the direction of wondering about the interaction of legal theory and practical reasoning—reasoning about how we should best act. The article offers reasons to question whether law in fact makes claims, at least in any (...) straightforward sense. Even if one brackets that matter, there are reasons to raise doubts about what is in fact implicit in the act of lawmaking. At one level, an act of lawmaking does implicitly assert the authority to act in that way. Whether it also implies that the content of the action is morally good, or at least not clearly morally bad, is, at a minimum, a harder question. (shrink)

Abstract.In the debates about legal determinacy, an important but often neglected issue is what is meant in the legal context by saying that a question has a right answer. By way of a critique of A. D. Woozley's discussion of “right answers,” I try to show how this issue is connected with issues of legal truth, legal mistake, and precedent.

The existing divergence between how we talk about contract law and actual contract experience, the parties moral obligation to keep contracts and the government’s role in regulating contracts, are the three main issues addressed in this article. The analysis of this article points to a narrower and more cautious approach to contract law, not towards a general theory, but one focused on the rules of a single time and place.Resumen:La divergencia que existe entre la forma en que hablamos del derecho (...) contractual y la actual experiencia contractual, la obligación moral de las partes contratantes de mantener un contrato, y el papel del gobierno en la regulación de los contratos, son los tres asuntos principales que se abordan en este artículo. El análisis señala la perspectiva de una más estrecha y cautelosa visión del derecho contractual, pues la teoría propuesta no es una más de las teorías generales, sino una teoría desafiante enfocada en las reglas de un tiempo y lugar específico. (shrink)

This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.

A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular, views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy should be approached through semantic meaning. However, the role of authority (in the form of lawmaker choice) in law in general, and democratic systems in particular, (...) require that these realist solutions to the problem of legal determinacy be rejected, or at least significantly revised. (shrink)

This chapter contains section titled: History and Context Clarifications Alternative Legal Positivisms The Rule of Recognition and the Basic Norm The Divisions Within Contemporary Legal Positivism Debates and Distinctive Views Critiques of Legal Positivism Two Critics: Ronald Dworkin and John Finnis Methodological Questions and the Way Forward Conclusion Note References Further Reading.

It has become increasingly common for legal positivist theorists to claim that the primary objective of legal theory in general, and legal positivism in particular, is "explaining normativity." The phrase "explaining normativity" can be understood either ambitiously or more modestly. The more modest meaning is an analytical exploration of what is meant by legal or moral obligation, or by the authority claims of legal officials. When the term is understood ambitiously - as meaning an explanation of how conventional and other (...) empirical facts can give rise to moral obligations - as many legal positivist theorists seem to be using the phrase, the project is contrary to basic tenets of legal positivism, and has regularly led theorists to propose doubtful theories that ignore "is"/"ought" divisions. (shrink)

There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...) considers one facet of this debate: evaluating the relevance of the fact that the remedies available for breach of contract can vary significantly from one jurisdiction to another. This wide variation in remedies for breach of a (contractual) promise is one central difference between promises in morality and enforceable agreements in law. The article asserts that variation of remedies strongly supports the conclusion that there is (and can be) no general, universal theory of Contract Law. (shrink)

Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...) guidance, Cohen argued that within the legal world people tend to create legal concepts and then think that these concepts do or should determine how social disputes must be The philosopher Ludwig Wittgenstein similarly spoke of the way we fool ourselves, when we use a noun for some matter, and then assume that, because nouns usually name objects, here as well there must be some entity that exists out in the world, whose nature can be discovered. Our grammar misleads us. This article explores some of the ways, particularly in contract law and family law, that we have been led astray by our legal language. Because we only rarely have an Oliver Wendell Holmes, Jr., or a Felix Cohen to keep us in line, we need to learn to do the important work ourselves. The great danger is the way that inaccurate language can so easily change our substantive views about what is natural or what is right. If transparency is difficult in legal language, much of the fault may lie with lawyers and judges who want to make their conclusions sound more reasonable, less controversial, and more appealing: so we call it "consent" and "waiver" and "meeting of the minds" and "best interests of the child," when it is in fact something quite different. And at least in the common law systems the process of reasoning and law-making is tied strongly to the past. The new case has to fit into the categories and concepts that we created for a prior case - fitting cases that came up hundreds of years before, in a different society, with different technology, facing a different set of problems. So judges often end up stretching the meaning of concepts, or using legal fictions to bridge the old rule with the new equities. We may never entirely escape the tendency of our own language to mislead us, but clarity in thought and analysis is something towards which we should struggle constantly, and with determination. (shrink)

In Veronica Rodriguez-Blanco’s thoughtful and important article, “Reasons in Action v Triggering Reasons: A Reply to Enoch on Reason-Giving and Le- gal Normativity,” she explores with great care the nature of reason-giving, in connection with challenging David Enoch’s influential recent work on reason-giving and the law. While Rodriguez-Blanco’s article makes an important contribution to the literature on the best understanding of rea- son-giving and practical reasoning, it is not clear that an approach to rea- sons for action reformed along the (...) lines Rodriguez-Blanco suggests would change or clarify the ultimate question on which she focuses: the way in which legal systems in general or individual legal norms do (or do not) give citizens reasons for action. The question of whether we have a general (presumptive) moral obligation to act (or refrain from acting) as legal norms direct us depends to a significant degree on whether there are good arguments against an individualistic, case by case, approach to responding to such norms.Resumen:Veronica Rodriguez-Blanco explora con minuciosidad en su detallado e importante artículo, “Reasons in Action v Triggering Reasons: A Reply to Enoch on Reason-Giving and Legal Normativity”, la naturaleza del otorgamiento de razones, en aras de cuestionar el influyente trabajo reciente de David Enoch sobre el otorgamiento de razones y el derecho. Si bien el artículo de Rodriguez-Blanco constituye una importante contribución a la literatura en cuanto a la mejor comprensión del otorgamiento de razones y la razón práctica, no está claro si el enfoque hacia las razones para la acción, reformado sobre la línea de lo que sugiere Rodríguez-Blanco, clarificaría la cuestión primordial de la que se ocupa: la manera en que los sistemas jurídicos en general o las normas jurídicas individuales le dan (o no) a los ciudadanos razones para la acción. La cuestión sobre si tenemos una obligación moral (presuntiva) general de actuar (o de abstenerse de actuar) tal como lo disponen las normas depende en gran medida de si hay buenos argumentos en contra de un enfoque individualista y casuístico para responder a tales normas. (shrink)

The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. The (...) four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource."--Publisher's website. (shrink)

This volume brings together the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field and also offers useful introductions to emerging issues in rights theory.

Consent, in terms of voluntary choice, is - or, at least, appears to be or purports to be - at the essence of contract law. Contract law, both in principle and in practice, is about allowing parties to enter arrangements on terms they choose - each party imposing obligations on itself in return for obligations another party has placed upon itself. This freedom of contract- an ideal by which there are obligations to the extent, but only to the extent, freely (...) chosen by the parties - is contrasted to the duties of criminal law and tort law, which bind all parties regardless of consent. At the same time, consent, in the robust sense expressed by the ideal of freedom of contract, is arguably absent in the vast majority of the contracts we enter these days, but its absence does little to affect the enforceability of those agreements. Consent to contractual terms often looks like consent to government: present, if at all, only under a fictional (as if) or attenuated rubric. This article explores a variety of topics relating to consent, and the role it plays in contract law doctrine and theory. The article begins by a brief examination of the nature of consent, then turns to contract doctrines that turn on the alleged absence of consent (e.g., duress and undue influence); contract rules and principles (e.g., implied terms) that turn on hypothetical consent; the challenges to consent that arise from electronic contracting and bounded rationality, and theories of contract law that emphasize consent. (shrink)

First published in 1986, Knowledge, Belief, and Witchcraft remains the only analysis of indigenous discourse about an African belief system undertaken from within the framework of Anglo-American analytical philosophy. Taking as its point of departure W. V. O. Quine's thesis about the indeterminacy of translation, the book investigates questions of Yoruba epistemology and of how knowledge is conceived in an oral culture.

In this response to eight commentaries on my article “Kelsen, Hart, and legal normativity” I clarify some points in my original analysis and agree with some comments regarding work that still needs to be done. In particular, I attempt to distinguish my position from both Berkeleyan idealism and mere subjective perception. I agree with the commentators who urge that more must be done to analyze the nature of normativity in general, and legal normativity in particular.