Laurence Claus (University of San Diego School of Law) has posted Law's Evolution and Human Understanding (51 San Diego L. Rev. 953 (2014)) on SSRN. Here is the abstract:
This is the author’s response to book conference commentary on Law’s Evolution and Human Understanding from William Edmundson, John Finnis, Michael Steven Green, Mark Greenberg, Frederick Schauer, and Lawrence Solum.
And here is a link to my colleague Laurence Claus' insightful and challenging book Law's Evolution and Human Understanding (Oxford Univ. Press 2012). The book description from Amazon:
When should we follow the law? How can we know what law's words mean? What is law? Law's Evolution and Human Understanding presents fresh and surprising answers to these questions. In an account alive with the stories of our shared human history, Laurence Claus explains why we should discard the old idea that legal rules tell us what to do, and instead see law as a system of sayings that evolves among humans to help us better understand each other.
When driving on public roads, when buying and selling, and in countless other aspects of our work and play, we depend on law to let us know what other people are likely to do and to expect of us. Through fast-paced pages of anecdote and argument, Law's Evolution and Human Understanding explains the revolutionary consequences of seeing law as truly what Oliver Wendell Holmes called it: systematized prediction. The book reveals how this vision of law can transform our thinking about the way we make moral decisions, about the way we read law, and about many other ways that law affects our lives.
Posted at 6:32 AM