Sci-fi legal theory became cybersecurity reality. Jonathan Schnader’s 2021 CyDAE article predicted cyberspace-bound autonomous entities and zeroed in on the real fault lines: explainability, attribution, and legal personhood. A smart read if you’re tracking how AI rewrites sovereignty and cyber risk. Read it here: https://scholarship.law.unc.edu/ncjolt/vol21/iss2/2/ #AIlaw #Cybersecurity #LegalTheory #ScienceFiction
#legaltheory — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #legaltheory, aggregated by home.social.
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Personhood is a narrative technology: a way law and culture decide what counts as a self, what can be harmed, and who gets protection. We gave corporations person-like powers with remarkable ease. Now AI systems can model, predict, and nudge human behavior at scale, and the deeper question returns: who gets authorship over a life? #AI #Cybersecurity #LegalTheory #MachineLearning
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This and next week, there is the annual Summer Academy for Legal History at @mpilhlt.bsky.social , this year's theme is "Legal Literacy".
Tonight, I am going to give a lecture on "Why study AI? (In)capabilities and developments of concern for legal history and legal theory" and am very much looking forward to questions and discussions.
The slides are already online, if you're interested. In the appendix, they contain a huge load of literature, mostly articles dealing with what I would describe as "information science approaches to humanities challenges":
(For the most part, however, I stopped adding references at some point in late 2025. And will probably still tweak everything a bit until the evening 😉)
You can find more info about the Summer Academy, including the programme, here: https://www.lhlt.mpg.de/summer-academy
#LegalHistory #LegalTheory #AI #DigitalHumanities #Humanities #DiscourseTheory #Diachronicity #Creativity #Normativity
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What can we say about trust and guilt? Not as much as we might think.
#philosophy #language #substack #blog #metaethics #ethics #epistemology #linguistics #law #legaltheory #guilt #semantics #truth #wittgenstein #speech
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What happens when a digital twin stops mirroring reality and begins to shape it?
Our new article in Law and Philosophy uses Baudrillard’s theory of simulacra to rethink IP protection for AI-driven digital twins.
The claim: do not protect the simulacrum as a “work”; protect the human-directed machine performance that produces it.
DOI: https://doi.org/10.1007/s10982-026-09579-2
#LegalTheory #AI #IPLaw #digital twins
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A quotation from Theodore Roosevelt
The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in the Constitution or imposed by the Congress under its Constitutional powers. My view was that every executive officer, and above all every executive officer in high position, was a steward of the people bound actively and affirmatively to do all he could for the people, and not to content himself with the negative merit of keeping his talents undamaged in a napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition.
Theodore Roosevelt (1858–1919) American politician, statesman, conservationist, writer, US President (1901–1909)
Autobiography, ch. 10 "The Presidency" (1913)More about this quote: wist.info/roosevelt-theodore/3…
#quote #quotes #quotation #qotd #theodoreroosevelt #teddyroosevelt #authority #Constitution #executivepower #government #legaltheory #limitsofpower #power #presidency #president
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Taking Big Oil to Court for ‘Climate Homicide’ Isn’t as Far-Fetched as It Sounds
#Environment #ClimateChange #Energy #CCN #FossilFuel #ClimateHomicide #ClimateLitigation #LegalTheory #Oil #GlobalWarming #FossilFuelIndustry #FossilFuelCompanies
https://the-14.com/taking-big-oil-to-court-for-climate-homicide-isnt-as-far-fetched-as-it-sounds/ -
"Inalienable Rights: Part I The Basic Argument" Against the Employer-Employee Contract and for Workplace Democracy
https://www.ellerman.org/inalienable-rights-part-i-the-basic-argument/
#philosophy #PoliticalTheory #ethics #BusinessEthics #WorkersRights #employers #unions #coops #cooperatives #WorkerCoops #WorkerCooperatives #law #LegalTheory #capitalism #anticapitalism #democracy
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A Heap of IP at Santa Clara (WIPIP 2024)
Today I presented my work in progress, "A Heap of IP: Vagueness in the Delineation of Intellectual Property Rights," at the Works-in-Progress in Intellectual Property (WIPIP) Conference at Santa Clara University School of Law. This project seeks to connect philosophical literature on v
https://jeremysheff.com/2024/02/03/a-heap-of-ip-at-santa-clara-wipip-2024/
#LegalTheory #Scholarship #IntellectualProperty #LawAndPhilosophy #LegalScholarship
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Please meet the physical copy of my article on "norm-knitting" and the master-piece of my Grandma that inspired this article. She found it an interesting challenge to combine so many different kinds of wool in an asymmetrical pattern. #change #internationallaw #legaltheory #lawandhumanities #law #humanrights #environment #knitting
https://mastodon.social/@endresdo/110848136823949734 -
What has #knitting to do with legal change? Everything! My article in the LJIL uses the example of #HumanRights concerned with the #environment in order to explore how thinking in terms of #knitting helps to understand the ways in which international norms #change #internationallaw #legaltheory #lawandhumanities #law https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/conceptualizing-legal-change-as-normknitting-through-the-example-of-the-environmental-human-right/B71D455D6CC0C09AC0277B29CC4639F0
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"Fix football refereeing with legal theory" - Joel Wertheimer gets it right. via @graceonfootball
#Football #LFC #YNWA #Refereeing #SwiftCertainFair #LegalTheory
https://www.graceonfootball.com/p/fix-football-refereeing-with-legal -
I wrote a theory that is a revisioning of the courts in two pages in two hours:
https://www.revisioningofthecourts.net/
CC BY-NC-ND 4.0
(there is no tracking, ads, or any nuisance on this static webpage)
@law #Law #LawFedi #Lawyer #Judge #Court #Courts #HistoryOfLaw #Legal #LegalHistory #Theory #LegalTheory #Humanities #Academia #AcademicChatter #Labor #LaborRights #HumanRights #CivilRights #CreativeCommons #EqualPay #IncomeInequality #Inequality #FairPay #IncomeParity #Database #History #Histodons
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An international conference on Jürgen Habermas' Legal Theory, May 26 - 27, 2023, at the University of Buffalo.
Zoom access is available.
Information: https://www.buffalo.edu/baldycenter/events/conferences/habermas.html#title_426904731_copy_1436996421
Speakers: Seyla Benhabib, Isabelle Aubert, David Ingram, Matthew Specter, Cristina Lafont, William Scheuerman, John D. Abromeit, Phillip Hansen, Brian Caterino, Rurion Melo, Matthew Dimick, and Erin Pineda.
#philosophy #legaltheory #politicaltheory #Habermas #criticaltheory
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A crime punished with a fine is a service that you only have to pay for if caught.
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For those interested in #LegalTheory or #AfricanLaw, I recommend this piece just out, by Angi Porter, a former post-doc fellow I had the pleasure of advising.
“Africana Legal Studies: A New Theoretical Approach to Law & Protocol”, published in the Michigan Journal of Race & Law.
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1391&context=mjrl -
And I forgot the hashtags!
#lawfedi #citation #precedent #bluebook #slavery #scholarship #courts #law #lawprofs #legaltheory #judges
Scroll up for the good stuff! -
Presentation: Knowledge as a Resource at WIPIP 2023
I recently presented "Knowledge as a Resource" - an excerpt from my book project "Valuing Progress" - at WIPIP 2023. Slides available at the link.
https://jeremysheff.com/2023/02/06/presentation-knowledge-as-a-resource-at-wipip-2023/
#LegalTheory #NormativeTheory #Presentations #Scholarship #ValuingProgress
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New Paper on Reverse Confusion in George Mason Law Review
I've posted a newly published paper to SSRN: Reverse Confusion and the Justification of Trademark Protection, 30 Geo. Mason L. Rev. 123 (2022). This paper continues my series of critiques of the law-and-economics model of trademark law--which doesn't match the cases very
https://jeremysheff.com/2023/01/24/new-paper-on-reverse-confusion-in-george-mason-law-review/
#LegalTheory #legalscholarship #Trademark #TrademarkasPromise
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This article was one of the last I read in 2022 and has really stuck in my mind. "The Folk Concept of Law: #Law Is Intrinsically Moral" (Flanagan and Hannikainen). While we (legal scholars, broadly) may think of "what the law is" in abstract terms, it's important to consider how law is popularly understood.
It's also worth questioning if popular understandings of the law change what the law is - or how it is understood and related to. #legaltheory #morals #philosophy
https://www.tandfonline.com/doi/full/10.1080/00048402.2020.1833953
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Going to a edit a book for Edward Elgar Publishing: A Research Agenda for Comparative Law (2024). https://www.e-elgar.com/shop/gbp/book-series/education/elgar-research-agendas.html
The book has a simple purpose: to outline the future of research in (broadly understood) comparative law.
Contributors are Geoffrey Samuel, Fernanda Pirie, Jen Hendry, Michael Palmer Jan Engberg, Ralf Michaels & Lena Salaymeh, Thomas Duve, Catalina Goanta, Liu Qiao, and yours truly. #comparativelaw #legaltheory #legalhistory #legalscholarship
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@drjulie_b Exactly, it's the separation of powers.
Legislature: Set laws
Police: Investigate, arrest, and charge
Judiciary: Apply laws
Santa: Decide who is naughty or nice#SantaClaus #HeSeesYouWhenYoureSleeping #SeparationOfPowers #LegalTheory #HesMakingAList #NaughtyOrNice
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Please, I need someone to explain this to me.
Democrats want to end the filibuster in the US Senate. Does this not work against the Democrats in a scenario involving Republican control of the US Senate?
No party remains in control forever, and a failure to recognize that fact of life is short-sighted and potentially disastrous.
I feel as if I'm missing some crucial part of this argument, so please enlighten me.
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It seems some server issues of the last days call for a re-#introduction. Apologies for lost followings/posts!
I am #DigitalHumanitites Coordinator at Max Planck Institute for #LegalHistory and #LegalTheory (https://lhlt.mpg.de/) in Frankfurt/M., supporting projects in all their digital needs: #DigitalEdition, #NLP, #GraphDatabases, #DataModeling, #LOD, #RSE - Jack of all trades, master of none.
Also, I am philosopher by training with a focus on legal, political and social philosophy and their histories. #DiscourseTheory, #PostPhenomenology, #Deconstruction, #EarlyModernity. I study the development of #SocialTheory in Spanish #Scholasticism. I'm collaborator in both my "digital" and my "philosophical" roles to The School of Salamanca project (https://salamanca.school/) of the Academy of Sciences and Literature, Mainz.
Tooting mostly about work, some politics and occasionally just funny things.
Find Pronouns and Orcid in my profile.
(I have the same handle on the birdsite.) -
Hello!
I'm new here - a recent convert from twitter where I spent years building a community to share ideas with. I'd love to connect with others from #law #academia #legaltheory #criminology #sociology #criminaljustice #highered #higheredtech #pedagogy #socialjustice -
Hello (again).
I'm Adam. I'm a constitutional lawyer at the University of Liverpool.I'm particularly interested in
- the limits of parliament's law-making power (yes, I think there are some)
- the scrutiny of delegated legislation (I think it's not done well enough)
- the future of the monarchy (I am sceptical).#Law #Academia #LegalAcademic
#ConstitutionalLaw #PublicLaw Maybe some #LegalTheory #Jurisprudence
#Legislatures #JudicialPower #ExecutivePower -
Taking law less seriously – an anarchist legal theory
A. Bradney
Legal Studies, Vo 5, Issue 2, July 1985, pp. 133 - 150
