Seminar: Matthew Grellette – Law as Government by Warrant

ABSTRACT:

In some earlier work, I have argued that the way in which contemporary legal theory accounts for tests of legal voidness reveals deep problems with our understanding of law’s basic institutional structure.  In this paper I mean, to do three things.  First, I will briefly summarize the foregoing set of concerns.  Second, I will consider how other authors have moved to address these problems, and will discuss some problems with their respective approaches.  Third, I will suggest a modification to our understanding of law that would allow us to overcome these difficulties.

Discussant: Lucas Miotto