Prof. Michael Green
Hart's social-rule theory of law
Shapiro, Legality Ch. 4
and we will do:
Intermission I: What is the rule of recognition for the American legal system?
Kent Greenawalt, The Rule of Recognition and the Constitution, 85 Mich. L. Rev. 621 (1987) [available on WESTLAW] - do not read Part II, pp. 624-30, or Part VIII.C, pp. 662-70.
Paper topic for Wed. 2/22 (notice this is the same one as for Mon. 2/20 - we did not get to it) (email it to me before class) -
Shapiro argues that Hart's theory of law fails because, as he puts it, "social practices do not neceessarily generate social rules." (p. 103). In your own words, spell out this criticism of Hart's theory.
I will have a new paper topic that I will post on Wed. 2/22 that will be due Wed. 3/1.