Articles #jurisprudence


Legal Oughts and Stuff

Legal Oughts and Stuff

The conceptual question whether trans-women count as women is another matter. (So too, the ‘metaphysical’ question, if there is such a thing, whether trans-women are women.) On this issue, I hew to Simone de Beauvoir’s view that our concept ‘woman’ includes an important path-dependent element, and I think that most trans-women lack the life histories that constitute woman-hood. But there is room for argument about that. ‘Woman’ is a cluster concept, and anyway it is not as if ‘man’ or ‘woman’ have sharp boundaries. There is also room for argument about whether, if Beauvoir is right, we ought to revise or abandon the concept ‘woman’. This is really a question of whether we should ditch our gender concepts altogether. Continuing the End Times series, Richard Marshall interviews Les Green

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A Certain Distance

Meir Dan-Cohen is a hard-core Harvard-tough philosopher of law. He has written the books Rights, Persons and Organisations: A legal Theory for Bureaucratic Society and Harmful Thoughts: Essays on Law, Self, and Morality. He is inspired by Kant’s Kingdom of Ends, and thinks that the ideas that we create create us. He thinks legal positivism is a bad thing and dignity better than autonomy. His armchair is definitely not burning. Continuing the End Times series, Richard Marshall interviews Meir Dan-Cohen

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