Tag Archives: Lexicon

Legal Theory Lexicon: Strict Construction and Judicial Activism

Introduction This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal theory, the point of this post is to debunk two concepts that sometimes seem to have very little content … Continue reading

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Legal Theory Lexicon: Holism

Introduction Our topic this week is “holism,” more particularly the idea that theories of the law are (or “should be” or “can be”) holistic. Legal holism can be captured in a famous slogan, “The law is a seamless web,” and … Continue reading

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Legal Theory Lexicon: Balancing Tests

Introduction Balancing tests are ubiquitous in American law. From the Due Process Clause to the Freedom of Speech and from the federal joinder rules to personal jurisdiction, U.S. law makes the outcome of legal disputes dependent on the balancing of … Continue reading

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Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law

Introduction The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is “jurisprudence” a synonym for “philosophy of law” or… … Continue reading

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