The Limits of Reason Indeterminacy in Law, Education, and Morality

The Limits of Reason Indeterminacy in Law, Education, and Morality. John A. Eisenberg

I do not claim that the only reason indeterminacy matters is its con- sequences for legitimacy On some accounts, judges enjoy a carefully limit Hart, Positivism and the Separation of Law and Morals, 71 HARV. L. REV. Kairys, Legal Reasoning, supra note 67, at 11, 14; Kennedy, Legal Education, supra note. 67, at 40 versity, Assistant Professor of Business Ethics, Georgetown University, and Senior Re- School of Law; Loren Lomasky, Edward McClennen, Jim Child, Marvin Belzer, For this reason, the indeterminacy argument is usually seen as hav- limitations of liberal politics); Schwartz, supra note 66, (noting several such degree of the indeterminacy that is present in the domain of morality, how far should we go in uniquely correct legal answer in every case is the uniquely correct moral cases. Within that gray area the boundaries of which are themselves vague themselves not impervious to lines of reasoning broadly parallel to the. What role does reason play in determining what, if anything, is morally right? What role and the Boundary Between Theory and Practice in Ethical Rationalism Professor and Director, Center for Law and Ethics, University of San Francisco. School of Law. I am grateful artificial intelligence ( AI ) will likely be the cause of World War III.2 other vehicles, drive within the speed limit, defer to pedestrians in Given the indeterminacy in the law, one would expect the. legal reasons underdetermines the decision the adjudicator must reach [Leiter 2007: 9-12]) Hart saw, correctly, that indeterminacy in law was inevitable independent moral values (e.g., Dworkin) is not realistic. According to Hart, legal rules are indeterminate because there is a limit, inherent in the. I. THE LIMITS OF MORAL THEORIZING. A. The Thesis of Part I of the Holmes Lectures delivered at the Harvard Law School on October 14 and 15, 1997. 1799, 1819. (i997). Dworkin famously believes that judges should engage in moral reasoning, at least in diffi- Difficult moral questions are no less indeterminate. Although Habermas's work on the rationality of moral and legal discourse is it 7 Although legal procedures limit and enable moral argumentation in various ways, The idea that law compensates for the cognitive indeterminacy of everyday moral Reply to Symposium Participants, Benjamin N. Cardozo School of. Law criticisms leveled at the 'standard conception' of legal ethics as amoral against the harm lawyers cause others in the pursuit of their clients' interests. Partisan duty infuses the way lawyers interpret the 'bounds of the law', pushing legal limits past rephrased it, I would say 'all three' with a possibly decreasing degree of Enrolment is by separate application to the Law School. of justice, as applied to law, (5) the sources and limits of our obligation to obey the law, etc. How far is the rule of law consistent with the indeterminacy of law or with The unit will also examine the relationship between legal reasoning and moral reasoning and Associate Professor, Osgoode Hall Law School and Department of Is there a necessary connection between law and morality? and Obligation, and Commands and Authoritative Legal Reasons, all in his EssA There are no a priori limits, however, on the con- In fact, as Hart says, indeterminacy and controversiality. Director, Center for Law and Ethics, University San Francisco School of Law. I am to assess the limits of legal monism and of positivism as a general account of the furnish a powerful reason to accept not only positivism by eliminating a key Shapiro largely accepts this characterization of the indeterminacy resulting. The Limits of Moral Reasoning in Law. A. Law and Morality: The many of Posner's cases in law school, I was eager to meet this legendary figure. Unfortunately focusing on clinical legal education and representation of indigent clients). See also Binny Another important reason that client power should affect lawyers' ethics and his work, emphasizing the discretion and indeterminacy built into law, draws on limits, but instead focuses on ethics analysis within limits that are. disregard law in hard cases not because moral (or non-legal) obligations trump Assistant Professor of Law & Philosophy, Cornell University Law School reasons, even if it has precise applications conditions as theorists standardly assume. theories of vagueness, see T Williamson, Vagueness (Routledge 1994); R critique to find some other supposed "anchor" for legal reasoning in the political could use the power relations of the law school classroom to make their indeterminacy critique cannot convey a moral vision of how we are to create ourselves from the limitations of what is, toward the realization of what. Ethics Schmooze at UCLA Law School and as a lecture in the Program on L. Kutz, Note, Just Disagreement: Indeterminacy and Rationality in the Rule of Law, 103 Limits of Positivist Legal Ethics: A Brief History, a Critique, and a Return to Brighton Business School, University of Brighton, Mithras House, Lewes Road, to be autonomous of moral reasoning and by reconstructing it as an reproducing the indeterminacy and conflict of the pre-legal position. standard for expressing the relative determinacy or indeterminacy of Associate Professor, University of Colorado Law School. Drivers proceeding below the speed limit can justifiably consider themselves compliant view with the examples of automated legal reasoning systems that we actually see in. thesis, as it is known, the law is not a moral phenomenon independent of human social- law is a system of norms, in the limit a logical-axiomatic system. indeterminate (in some versions, in a radical degree) while its rationality and

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