Lawyers doing Philosophy
Kristen Rundle’s paper can be understood as an attempt not only to combine Fuller’s and Arendt’s approach, but to use their insights to ‘develop a distinctive project of normative legal theory concerned with law’s public aspect, which pivots on the status of persons within the legal frame.’1 It seems to me that Rundle hopes to find building blocks for the view that the law cannot be identified with the commands of a sovereign, but should be understood as a kind of living law, to use Ehrlich’s term,2 as something that originates from ‘below,’ and which is based on the expectations and experiences of the human actors who both make and are guided by that law.