Document Type

Article

Repository Date

2010

Keywords

Jurisprudence, Legal Theory, Rights Thesis, Case of the Speluncean Explorers

Subject Categories

Jurisprudence | Law | Legal History | Legal Theory | Public Law and Legal Theory

Abstract

Lon L. Fuller's The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other and produce for the reader an exhilarating excursion into fundamental theories of law and the state and the role of courts vis-i-vis legislatures and executives. Though the issues articulated by Fuller are timeless, the past thirty years in jurisprudential scholarship have produced at least one major new vantage point—the "rights thesis".

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