Schauer on the Relationship Between Law and Legal Reasoning @UVALaw

Frederick Schauer, University of Virginia School of Law, is publishing On the Relationship Between Law and Legal Reasoning, in New Essays on the Nature of Legal Reasoning (Mark McBride and James Penner, eds., Hart Publishing, 2021). Here is the abstract.

Hans Kelsen and Joseph Raz, most prominently, have insisted that law is one thing and legal reasoning, the argumentative and decisional practices of lawyers and judges, is something else. Others, however, and coming from a wide variety of theoretical perspectives, have resisted the distinction. This essay surveys the issues and the participants in the debates, suggesting that grappling with the question of the relationship between law and legal reasoning can tell us much about law, much about legal reasoning, and much about the enterprise of legal theory.

Download the essay from SSRN at the link.