Dale Smith, The Practice-Based Objection to the `Standard Picture’ of How Law Works, 10 Jurisprudence 502 (2019).

Barbara Levenbook

There is a default theory of legal content that many legal positivists – and non-positivists – accept. It is that the legal contents of texts, or of authoritative pronouncements in general, are, or match, their full (that is, pragmatically-enriched) linguistic contents. Nine years ago, Mark Greenberg published an influential article called The Standard Picture and Its Discontents, attacking what he called the “Standard […]