How to Do Things with Legal Doctrine (Abstract)

University of Chicago Press; First Edition (October 26, 2020)

U of Colorado Law Legal Studies Research Paper No. 20-53

Posted: 8 Oct 2020 Last revised: 20 Nov 2020

See all articles by Pierre Schlag

Pierre Schlag

University of Colorado Law School

Amy Griffin

University of Colorado Law School

Date Written: October 6, 2020

Abstract

Legal doctrine is the currency of contemporary law. Yet while law students, lawyers, and judges take the substance of specific doctrines seriously, the idea of doctrine itself (what it is, how it means, what it does) is routinely bypassed and thus left unexplored. How to Do Things with Legal Doctrine is an original study that aims to remedy this shortfall. The book focuses on how to understand legal doctrine—how to expand, limit, frame, fashion and refashion doctrine. In this book we identify and refine theoretically and practically the conceptual and rhetorical operations that legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. Indeed, a great deal of this book takes as its subject matter those difficult moments when existing legal doctrines seem to provide no clear answer. What do you do then? And what prepares the way to resolution?

Suggested Citation

Schlag, Pierre and Griffin, Amy, How to Do Things with Legal Doctrine (Abstract) (October 6, 2020). University of Chicago Press; First Edition (October 26, 2020), U of Colorado Law Legal Studies Research Paper No. 20-53, Available at SSRN: https://ssrn.com/abstract=3706380

Pierre Schlag (Contact Author)

University of Colorado Law School ( email )

UCB 401
Boulder, CO colorado 80309
United States
303-492-3110 (Phone)
303-492-1200 (Fax)

Amy Griffin

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
(303) 735-0525 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=504

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