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Article

Comments

Does Law Have a Function? A Comment on the Two-Level Theory of Decision, 74 Yale Law Journal 640 (1965)

Abstract

What, in general, is a good reason for decision by a court of law? This is the question of jurisprudence; it has been asked in an amazing number of forms, of which the classic "What is Law ?" is only the briefest. I propose to consider, in this Comment, one recent answer to this question - that supplied by Professor Richard Wasserstrom in his book, The Judicial Decision. I do so because Professor Wasserstrom's argument shares with much other recent jurisprudence some dubious and generally unrecognized assumptions about the logic of legal justification. My principal purpose is to expose these assumptions.

Date of Authorship for this Version

1965

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