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The Planning Theory of Law

Part of the Law and Philosophy Library Book Series (volume 100)

Editors: Canale, Damiano; Tuzet, Giovanni

DOI: 10.1007/978-94-007-4593-3

ISBN: 978-94-007-4592-6

Publisher: Springer Netherlands - Springer Journals

Jul 11, 2012

1 - 9 of 9 Chapters

Available

Looking for the Nature of Law: On Shapiro’s Challenge

Canale, Damiano

Pages: 1 –26

[This chapter critically focuses on the methodological aspects of Scott Shapiro’s book Legality. Indeed, Shapiro’s book sets out several original theses not only about the nature of law and the main problems of jurisprudence but also about how the nature of law can be discovered by jurisprudence....
Available

The Possibility Puzzle and Legal Positivism

Poggi, Francesca

Pages: 27 –46

[The aim of this chapter is to discuss a paradox concerning the law, which Shapiro analyzes in his book Legality. According to Shapiro, it is puzzling how the law could have been invented: attempts to explain the origins of law face a paradox, which Shapiro labels possibility puzzle (PP)....
Available

What Is Wrong with Legal Realism?

Tuzet, Giovanni

Pages: 47 –63

[Shapiro’s book Legality engages in a difficult and exciting philosophical task: giving an account of what law is and of why it is worth having. His “planning theory of law” addresses the first issue in terms of the so-called social facts thesis and the second in terms of the “moral aim” thesis:...
Available

Rule of Recognition, Convention and Obligation: What Shapiro Can Still Learn from Hart’s Mistakes

Schiavello, Aldo

Pages: 65 –87

[Shapiro works out a version of legal positivism, taking as its starting point Hart’s practice theory of law. Some serious limits of Hart’s practice theory of norms concern the conception of legal obligation and normativity of law. In this chapter, I analyze the limits of Hart’s conception of...
Available

Legality: Between Purposes and Functions

Papayannis, Diego M.

Pages: 89 –128

[The chapter tries to show that Shapiro’s Planning Theory of Law contains in fact two theories, one internal and the other external. The internal one is based on conceptual analysis. In this regard, Shapiro claims that law can be best understood as a social plan to solve the moral problems of the...
Available

What Can Plans Do for Legal Theory?

Celano, Bruno

Pages: 129 –152

[In his book, Legality (2011), Scott Shapiro puts forward what he claims to be “a new, and hopefully better” (better, namely, than the ones given so far) answer to “the overarching question of ‘What is law?’” The central claim of this new account—the “Planning Thesis”—is that “legal activity is a...
Available

Ruling Platitudes, Old Metaphysics, and a Few Misunderstandings About Legal Positivism

Chiassoni, Pierluigi

Pages: 153 –168

[In this chapter, I shall argue that Scott Shapiro’s Legality suffers from some major problems: (a) It overlooks the point of classical legal positivism (to wit, the positivism of Bentham, Austin, Kelsen, Hart, Bobbio); (b) it endorses a spurious form of positivism; (c) it takes an indulgent...
Available

Theoretical Disagreements: A Restatement of Legal Positivism

Beltrán, Jordi Ferrer; Ratti, Giovanni Battista

Pages: 169 –186

[In this chapter, the authors analyze the portions of Shapiro’s primer Legality, which deal with the problem of legal disagreements and the related theory of interpretation (and meta-interpretation) deployed by Shapiro in order to overcome such difficulty. The question of legal disagreements and...
Available

‘What’s the Plan?’: On Interpretation and Meta-interpretation in Scott Shapiro’s Legality

Pino, Giorgio

Pages: 187 –205

[This chapter seeks to explain and evaluate Shapiro’s theory of legal interpretation, as it is outlined in his recent book ‘Legality’. More specifically, in the following I will try to provide (a) a reconstruction of Shapiro’s theory of legal interpretation, as it is developed in ‘Legality’; (b)...

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