{"title":"Does the Unconstrained Legal Actor Exist?","authors":"Michael Robertson","doi":"10.1111/j.1467-9337.2007.00358.x","DOIUrl":null,"url":null,"abstract":"The unconstrained legal actor, typically a judge, is a central character in modern jurisprudence. He is feared by legal formalists, legal positivists, and Ronald Dworkin alike. He is lauded by some legal realist and critical legal studies theorists. Stanley Fish says that all of this theorising is pointless because the unconstrained legal actor cannot exist. My paper evaluates Fish's arguments for this surprising position.","PeriodicalId":431450,"journal":{"name":"Jurisprudence & Legal Philosophy","volume":"33 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2007-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"6","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurisprudence & Legal Philosophy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1111/j.1467-9337.2007.00358.x","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 6
Abstract
The unconstrained legal actor, typically a judge, is a central character in modern jurisprudence. He is feared by legal formalists, legal positivists, and Ronald Dworkin alike. He is lauded by some legal realist and critical legal studies theorists. Stanley Fish says that all of this theorising is pointless because the unconstrained legal actor cannot exist. My paper evaluates Fish's arguments for this surprising position.
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