Muddle-headed lawyers? A Few Remarks on Brian Leiter’s «Legal Positivism as a Realist Theory of Law»
- American Legal Realism,
- Felix S. Cohen
Commenting and discussing some thesis about American Legal Realism exposed in Brian Leiter’s Legal Positivism as a Realist Theory of Law (2019), the article focuses on two main topics. First, I will try to highlight some connections of American Legal Realists with the philosophical scene of their time and, secondly, I will analyze (briefly) some aspects of Felix Cohen’s functional jurisprudence that are maybe more philosophically interesting than Leiter’s reading might induce to think.