Jonathan Crowe: 'Not-So-Easy Cases"

The Surrey Centre for Law and Philosophy is committed to the idea that the study of law is deepened when grounded in philosophical principle, and philosophy is of greater benefit to society when relevant to pressing practical and legal issues. The Centre’s members consist not only of legal theorists, but also of lawyers with philosophical training and philosophers with interests in legal questions—all of whom are invested in an interdisciplinary and collaborative approach to research. Our home is the University of Surrey School of Law.

Surrey Centre for Law and Philosophy

We are pleased to welcome Prof. Jonathan Crowe, who will present: 'Not-So-Easy Cases'.
Jonathan Crowe is Professor of Law at Bond University. His research examines the philosophical relationship between law and ethics, looking at issues such as the nature and foundations of legal obligation and the role of ethics in legal reasoning. His research focuses on natural law theory and existentialist ethics, particularly the work of Emmanuel Levinas. Prof. Crowe is the author of several books as well as articles in journals including the Modern Law Review, the Oxford Journal of Legal Studies, Law and Critique, and the Melbourne University Law Review. He is currently completing a book on the natural law tradition in ethics and jurisprudence.
Abstract: The distinction between easy and hard cases in judicial decision-making is well known from the work of Ronald Dworkin. Dworkin focuses primarily on the challenges posed by hard cases. Easy cases, by contrast, remain relatively under-theorised. This paper begins by exploring how judges decide easy cases by relying on holistic intuitive judgments. I then build on Dworkin’s analysis by introducing a third category of cases, which I call not-so-easy cases. I argue that easy, not-so-easy and hard cases are distinguished by the extent to which the judge’s intuitive judgments about the factual and legal context for the case yield a clear and determinate outcome. Easy cases are fully resolved at an intuitive level and merely require judges to articulate their decisions; not-so-easy cases are tentatively resolved at an intuitive level but require judges to explain their decisions; and hard cases are unresolved at an intuitive level and require judges to justify their decisions. I offer an account of the decision procedures involved in each type of case. I further contend that most cases heard by appellate courts are not-so-easy cases. This suggests that the primary task of such courts is explanation (rather than justification, as Dworkin proposes).
Prof. Crowe's seminar is part of our Hart Seminar Series, which features a diverse group of leading scholars working at the intersection of law and philosophy. <A HREF="https://www.bloomsburyprofessional.com/hart/" TARGET="_blank" DATA-MSYS-CLICKTRACK="0" REL="nofollow noopener noreferrer">Hart Publishing</A> contributes generous support to make the seminar series possible.

University of Surrey School of Law

Our {communityGuidelinesLink} describe the sort of content we prohibit on Eventbrite. If you suspect an event may be in violation, you can report it to us so we can investigate.

To report other categories of prohibited or illegal content, submit {link}

Jonathan Crowe: 'Not-So-Easy Cases"

More events from Surrey Centre for Law and Philosophy

Discover more events from Surrey Centre for Law and Philosophy, from Government to other experiences you might love.

Still looking for the right event?

Explore all events in Guildford and filter by date, category, and more to find the perfect fit.

Jonathan Crowe: 'Not-So-Easy Cases"

More events from Surrey Centre for Law and Philosophy

Discover more events from Surrey Centre for Law and Philosophy, from Government to other experiences you might love.

More Government events

Browse more Government events with different dates, prices, and formats to find your next great experience.

Still looking for the right event?

Explore all events in Guildford and filter by date, category, and more to find the perfect fit.