Beschreibung und Kritik der Planungstheorie von Scott Shapiro

This study offers the first comprehensive German-language analysis of Scott Shapiro’s Planning Theory of Law. It examines the theory in the context of legal positivism within Anglo-American analytic jurisprudence and reconstructs its answers to two fundamental questions: what law is and how legal authority is possible. At the centre of the study is the understanding of law as social planning. The study reconstructs and assesses the kind of explanation of the normativity of law that planning theory can provide by understanding law as a form of social planning. It also identifies the internal tensions of planning theory and the limits of its analytic-jurisprudential assumptions.