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[Lecture] Civilian and Common-Law Understandings of Law as a System of Norms
Jun. 07, 2023


Speaker: Prof. Andrew Halpin, Faculty of Law, National University of Singapore

Moderator: Prof. Norman P. Ho, Peking University School of Transnational Law

Time: 8:30-9:30 p.m., June 7, 2023, GMT+8

Venue: Zoom Meeting ID: 892 5715 8428 Passcode: 262758

Language: English

Abstract:

This seminar is based on a contribution to Jurisprudence in the Mirror, a forthcomingcollection ofessays on civilian and common-law approaches to legal theory, to be publishedby OUP. I suggest that while civilian and common-law theorists pursue matters of commonconcern, a greater sympathy for systematization is present on the civilian side. This isexemplified by Navarro and Rodriguez with their promotion of the possibility of theresources of deontic logic.as amplified by thesystematization of legal norms through theidea of“normative relevance”to provide clearer grasp of the legal materials pertinent todealing with a practical case.Three strands oscepticism are raised from a common-lawperspective: a historical reference to common-law thinking; a practical analysis of thedisposition of particular cases: a technicalassessment of the authors’approach drawing onBentham's logic of mperation, Within this critique, I suggest the importance of recognizinga deliberative judicial response to legal materials, and find the authors’idea of normativerelevance to be artificially restricted so as to avoid acknowledging the presence of internalcontestability within a system oflegal norms.

Biography:

Having previously worked in the UK at Southampton and Swansea Universities, in 2012 Andrew Halpin joined the Law Faculty at NUS, where he is currently Co-Director of the Centre for Legal theory. His doctoral research at Oxford formed the basis for Rights and Law-Analysis and Theory (1997). His subsequent books are Reasoning with Law (2001), Definition in the Criminal Law (2017). Thorising the Global Legal Order(2009). Other indicative publications include: "Disproving the Coase Theorem?"; Economicsand Philosophy; "Austin's Methodology? His Bequest to Jurisprudence" (2011) Cambridge Law Journal; "Questioning a Uniform Concept of Public Law" (2016) Jus Politicum; "The Applications of Bivalent Logic, and the Misapplication of Multivalent Logic to Law”in Law and the New Logics (CUP, 2017). More recent research has engaged with the logic of correlativity and the status of Hohfeldian normative positions.

Source: Peking University Law School