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November 2004, Volume 90, Issue 7

The Limited Domain of the Law
by Frederick Schauer
90 Va. L. Rev. 1909 (2004)   View PDF

There are social norms, or otherwise valid sources of decision, that the law refuses to accept; as such, law really is a limited domain. Despite the claims of reputable philosophers that "law is process," "law is politics," or "law is everything," there remain certain sources of knowledge and argument that remain out of bounds in the legal world. Further, many of the great jurisprudential debates of the last century have really been debates over the question of what is and is not in bounds.

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