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Tuesday, June 27, 2006

The Legal Theory of the Multistate

Dan Solove has posted his paper, "The Multistate Bar Exam as a Theory of Law," on SSRN.  Here is the abstract:

What if the Bar Exam were read as a work of jurisprudence? What is its theory of law? How does the Bar Exam compare to works of jurisprudence by H.L.A. Hart, Ronald Dworkin, Karl Llewellyn, and others? This short tongue-in-cheek book review of the Bar Exam seeks to answer these questions. Each year, thousands of lawyers-to-be ponder over it, learning its profound teachings on the meaning of the law. They study it for months, devoting more time to it than practically any other jurisprudential text. It therefore comes as a great surprise that such a widely read and studied work has barely received scholarly attention. It is time to rectify this situation and put the Bar Exam in its place as the great work of jurisprudence that it is.

(And, here is Dan's Prawfsblawg post on the same matter, from last year.)  My own bar-related thoughts have been, for the most part, more pedestrian, e.g., "what a pain."

Posted by Rick Garnett on June 27, 2006 at 11:01 AM in Legal Theory | Permalink


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