Positive Legal Theory
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By Lawrence B. Solum Introduction The phrase “path dependency” is used to express the idea that history matters–choices made in the past can affect the feasibility (possibility or cost) of choices made in the future. This entry in the Legal Theory Lexicon introduces this idea to law students, especially first-year law students, with an interest…
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By Lawrence B. Solum Introduction The legal academy is not the only locus for serious study of the law. Legal phenomena are examined in a variety of other disciplines—ranging from philosophy and sociology to history and anthropology, but political science (or “politics” or “government”) is the academic discipline that is most strongly associated with the…
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By Lawrence B. Solum Introduction In a prior installment of the Legal Theory Lexicon, we explored the difference between Positive and Normative Legal Theories. Positive legal theory attempts to explain and predict legal behavior, especially the content of legal rules. Normative legal theory makes claims about what those rules should be. This week’s post is…
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By Lawrence B. Solum Introduction It all depends on your first year section, but many law students begin to get a sinking feeling about the law early in their first year. Does the law actually make any difference to the way cases are decided? Before law school, most of us would answer “Yes, of course.”…
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By Lawrence B. Solum Introduction Causation is one of the basic conceptual tools of legal analysis. And for most purposes, we can get along with a notion of causation that is both vague and ambiguous. In the world of medium sized physical objects (automobiles, pedestrians, etc.), our judgments about causation rarely depend on conceptual niceties.…
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By Lawrence B. Solum Introduction One of the most fundamental distinctions in legal theory is that between “positive legal theory” and “normative legal theory.” This post provides a very brief introduction to the distinction, aimed at law students (especially first years) with an interest in legal theory. The core idea of the distinction between positive…