Category Archives: Random Jurisprudence

Actually, some of it is organized.

Entry Framing (Theory Moves)

Entry Framing: [en-tree frey-ming] Noun Phrase The initial establishment in a text of a perspective, an orientation, a frame from or against which the text proceeds. Examples: An entry framing can establish a voice (“I am a spiteful man.  My liver is bad…”)   … Continue reading

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The Monty Python Example No. 3 (Analytical Philosophy in Law)

Too much of it arguably reads like this: In The Concept of Law, H.L.A. Hart once said something.  This brilliant insight (BI) effectively corrected some fundamentally wrongheaded ways of thinking.   Yet upon closer examination, BI encompasses a number of different ideas … Continue reading

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The American Law School (Tentative Notes for Stages of Evolution)

Pedagogy Stage 1: Socratic Stage 2: Soft Socratic                       Stage 3: Lecture/Student-oriented Learning Stage 4: Consumer Preference Advancement Societies: Stage 1: Old Boys Club/Old School Tie Stage 2: Political/Intellectual Interest … Continue reading

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Individuation (Theory Moves)

in·di·vid·u·a·tion  noun \-ˌvi-jə-ˈwā-shən\ The determination of the proper or relevant individual unit for purposes of interpretation, analysis, calculation, etc.  Individuation portends both integration into a stable identity and differentiation of that identity from its environment. Antonym: fusion, dedifferentiation Example: A text … Continue reading

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The Monty Python Example No. 2 (With Special Reference to Constitutional Interpretation)

As suggested in a prior post, the British comedy troupe Monty Python is generally under-acknowledged for its jurisprudential insights.  Nonetheless, these are occasionally quite sharp.  Here, for instance, in the “The Argument Clinic:” we have a demonstration of a basic … Continue reading

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Got Knowledge?

In “The Meditations,” Descartes revealed his desire to make a “solid and lasting contribution to knowledge,”  His problem, as he saw it, is that he had accumulated a large number of false opinions and thereon erected a flimsy structure.  He … Continue reading

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Coase and “The Problem of Social Cost” (Again)

I don’t know if other academics experience this, but I find that, in scholarship, I am drawn to certain texts or problems over and over again for reasons that remain elusive.   And so here I am again, writing yet … Continue reading

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