{"title":"让一千个野葵绽放?罗伯特·盖弗的Nomos与叙事的四个问题","authors":"Thom Brooks","doi":"10.2202/1539-8323.1071","DOIUrl":null,"url":null,"abstract":"Robert Cover's well known article Nomos and Narrative is a passionately argued defense of a new way of applying narrative to the philosophy and understanding of law. In my article, I argue that there are four major problems which lie at the heart of Cover's analysis. Each problem addresses a major area of his overall view of law. I try to demonstrate that in each case, if the problem is real, Cover's view of law should be rejected. The primary difficulty is analytical and argumentative sloppiness in Cover's arguments. My conclusion is simple: Cover's view of law is both underdeveloped and theoretically unsafe. It falls victim to each of the four problems I identify. As a result, his philosophy of law should be rejected tout court.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"6 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2006-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1071","citationCount":"3","resultStr":"{\"title\":\"Let a Thousand Nomoi Bloom? Four Problems with Robert Cover's Nomos and Narrative\",\"authors\":\"Thom Brooks\",\"doi\":\"10.2202/1539-8323.1071\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Robert Cover's well known article Nomos and Narrative is a passionately argued defense of a new way of applying narrative to the philosophy and understanding of law. In my article, I argue that there are four major problems which lie at the heart of Cover's analysis. Each problem addresses a major area of his overall view of law. I try to demonstrate that in each case, if the problem is real, Cover's view of law should be rejected. The primary difficulty is analytical and argumentative sloppiness in Cover's arguments. My conclusion is simple: Cover's view of law is both underdeveloped and theoretically unsafe. It falls victim to each of the four problems I identify. As a result, his philosophy of law should be rejected tout court.\",\"PeriodicalId\":34921,\"journal\":{\"name\":\"Issues in Legal Scholarship\",\"volume\":\"6 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2006-01-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2202/1539-8323.1071\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Issues in Legal Scholarship\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2202/1539-8323.1071\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Issues in Legal Scholarship","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2202/1539-8323.1071","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 3
摘要
Robert Cover的著名文章Nomos和Narrative是对一种将叙事应用于哲学和法律理解的新方式的热烈辩护。在我的文章中,我认为在Cover的分析中存在四个主要问题。每一个问题都涉及到他的整体法律观的一个主要领域。我试图证明,在每一种情况下,如果问题是真实的,Cover的法律观点应该被拒绝。主要的困难在于Cover的论证中分析和论证的马虎。我的结论很简单:盖的法律观既不发达,在理论上也不安全。它是我所指出的四个问题的受害者。因此,他的法律哲学应该被全盘否定。
Let a Thousand Nomoi Bloom? Four Problems with Robert Cover's Nomos and Narrative
Robert Cover's well known article Nomos and Narrative is a passionately argued defense of a new way of applying narrative to the philosophy and understanding of law. In my article, I argue that there are four major problems which lie at the heart of Cover's analysis. Each problem addresses a major area of his overall view of law. I try to demonstrate that in each case, if the problem is real, Cover's view of law should be rejected. The primary difficulty is analytical and argumentative sloppiness in Cover's arguments. My conclusion is simple: Cover's view of law is both underdeveloped and theoretically unsafe. It falls victim to each of the four problems I identify. As a result, his philosophy of law should be rejected tout court.
期刊介绍:
Issues in Legal Scholarship presents cutting-edge legal and policy research using the format of online peer-reviewed symposia. The journal’s emphasis on interdisciplinary work and legal theory extends to recent symposium topics such as Single-Sex Marriage, The Reformation of American Administrative Law, and Catastrophic Risks. The symposia systematically address emerging issues of great significance, offering ongoing scholarship of interest to a wide range of policy and legal researchers. Online publication makes it possible for other researchers to find the best and latest quickly, as well as to join in further discussion. Each symposium aims to be a living forum with ongoing publications and commentaries.