10 found
Order:
See also
Scott Hershovitz
University of Michigan, Ann Arbor
  1. The Role of Authority.Scott Hershovitz - 2011 - Philosophers' Imprint 11.
    The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   27 citations  
  2. Legitimacy, democracy, and Razian authority.Scott Hershovitz - 2003 - Legal Theory 9 (3):201-220.
  3. Integrity and stare decisis.Scott Hershovitz - 2006 - In Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
  4.  3
    Of law.Scott Hershovitz - 2012 - In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. pp. 65.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   3 citations  
  5.  18
    Exploring law's empire: the jurisprudence of Ronald Dworkin.Scott Hershovitz (ed.) - 2006 - New York: Oxford University Press.
    Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...)
    Direct download  
     
    Export citation  
     
    Bookmark   3 citations  
  6.  36
    The Model of Plans and the Prospects for Positivism.Scott Hershovitz - 2014 - Ethics 125 (1):152-181.
    In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s argument (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  7.  34
    Wittgenstein on Rules: The Phantom Menace.Scott Hershovitz - 2002 - Oxford Journal of Legal Studies 22 (4):619-640.
    Ludwig Wittgenstein's work on rules has been put to a variety of uses by legal theorists. One wave of theorists employs Wittgenstein in an effort to show that law is radically indeterminate. They base their arguments on Saul Kripke's influential reading of Wittgenstein's Philosophical Investigations. This essay begins with a consideration of Kripke's view and its implications for law. Like many before, I conclude that Kripke's view is defective, and as such teaches us little about law. But it is important (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  8. Judging Interpretations.Scott Hershovitz - 2001
    Direct download  
     
    Export citation  
     
    Bookmark  
  9.  21
    Law is a moral practice.Scott Hershovitz - 2023 - London, England: Harvard University Press.
    What is law, and why does it matter? Scott Hershovitz says that law is a moral practice-a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.
    Direct download  
     
    Export citation  
     
    Bookmark  
  10. Nasty, brutish, and short: adventures in philosophy with kids.Scott Hershovitz - 2022 - New York: Penguin Press.
    From a Michigan professor of law and philosophy, a thought-provoking investigation into life's biggest questions with the help of great philosophers old and new-including his two young children. Like any new parent, Scott Hershovitz closely observed his two young sons, Rex and Hank, from their early days. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. Children find the world a puzzling place, so they try to puzzle it out. Often, (...)
    Direct download  
     
    Export citation  
     
    Bookmark