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The Planning Theory of LawWhat Can Plans Do for Legal Theory?

The Planning Theory of Law: What Can Plans Do for Legal Theory? [In his book, Legality (2011), Scott Shapiro puts forward what he claims to be “a new, and hopefully better” (better, namely, than the ones given so far) answer to “the overarching question of ‘What is law?’” The central claim of this new account—the “Planning Thesis”—is that “legal activity is a form of social planning.” “Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudication involves the application of these plans, or planlike norms, to those to whom they apply.”] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Planning Theory of LawWhat Can Plans Do for Legal Theory?

Part of the Law and Philosophy Library Book Series (volume 100)
Editors: Canale, Damiano; Tuzet, Giovanni
Celano, Bruno
The Planning Theory of Law — Jul 11, 2012
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Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media Dordrecht 2013
ISBN
978-94-007-4592-6
Pages
129 –152
DOI
10.1007/978-94-007-4593-3_6
Publisher site
See Chapter on Publisher Site

Abstract

[In his book, Legality (2011), Scott Shapiro puts forward what he claims to be “a new, and hopefully better” (better, namely, than the ones given so far) answer to “the overarching question of ‘What is law?’” The central claim of this new account—the “Planning Thesis”—is that “legal activity is a form of social planning.” “Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudication involves the application of these plans, or planlike norms, to those to whom they apply.”]

Published: Jul 11, 2012

Keywords: Legal Activity; Legal Norm; Shared Activity; Legal Authority; Instrumental Rationality

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