Social Science and the Philosophy of Law

Frederick Schauer;

Scholarship

Social Science and the Philosophy of Law

Frederick Schauer

PUBLISHER

Cambridge University Press

DATE

2020

UVA Law Faculty Affiliations

Frederick Schauer

Abstract

Citation

Frederick Schauer, Social Science and the Philosophy of Law, in John Tasioulas The Cambridge Companion to the Philosophy of Law, Cambridge University Press, 95-114 (2020).

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Precedent and Similarity
Frederick Schauer

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Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two... MORE
The Proof: Uses of Evidence in Law, Politics, and Everything Else
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In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like... MORE
The Politics of Proportionality
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In this review of Jamal Greene’s How Rights Went Wrong, we raise a series of questions about proportionality review as a model for adjudicating... MORE

The Algorithmic Leviathan: Arbitrariness, Fairness, and Opportunity in Algorithmic Decision Making Systems
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This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it... MORE
Reason and Rhetoric in Edwards v. Vannoy
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Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity... MORE
Big Data and Compounding Injustice
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This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The... MORE

Social Science in Law: Cases and Materials
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This title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their... MORE
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Professor Frederick Kellogg's recent book, Pragmatism, Logic and Law, is hard to describe. It lacks a clear over-arching argument or narrative... MORE
Statistical Evidence and the Problem of Specification
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As a number of modern sexual misconduct cases demonstrate, often there are multiple charges against a single individual under circumstances in which... MORE

Personal Responsibility in an Unjust World: A Reply to Eidelson
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In this reply to Benjamin Eidelson’s Patterned Inequality, Compounding Injustice and Algorithmic Prediction, I argue that moral unease about... MORE
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Plaintiffs bringing civil lawsuits often express sentiments like “I just wanted the defendants to admit they were wrong” and “we’re worth something... MORE
The Role of Rules in the Law of Evidence
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The theoretical side of the law of evidence has long been dominated, at least since Jeremy Bentham, by debates between the so-called free proof... MORE

Constructing Interpretation
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This paper, a substantially revised version of a paper previously entitled (and posted as) “A Critical Examination of the Distinction between... MORE
Quentin Skinner v. Charles Taylor: Explanation and Practical Reasoning in History, Philosophy, and Law
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One can ask two different questions about a given social, political, or legal practice. First, how, if at all, do the ideas embodied in that practice... MORE
The Tale of Two Harts; A Schlegelian Dialectic
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This essay, written for a symposium honoring John Henry Schlegel, is part intellectual history, part philosophical polemic. It first briefly compares... MORE

Clash of the Titans: Hercules v. Dennis Martinez, or Why Dworkin and Fish are Both Wrong
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At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced... MORE
The Common Law and Critical Theory
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Because common-law doctrines have long served as targets for critical theorists, it would be easy to see the common law and critical theory as... MORE
Ruleness
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Scholarship

Social Science and the Philosophy of Law

UVA Law Faculty Affiliations

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