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Fall 2023 Reading Group

Law’s Normative-Positive Tension

Prerequisite: None

Exam Type: No Exam

The law possesses an inherent duality between society’s normative ideals and its positive commitment to the relevance and importance of facts. In some areas of the law, normative considerations dominate, whereas in other areas positive considerations weigh more heavily. This interplay is often difficult to discern, but recent machine advances have made it easier to analyze how parties litigate and judges decide cases. As artificial intelligence increases litigants’ ability to resolve legal disputes on their own, how will the rule of law evolve along these dimensions? This reading group is meant to be interactive, drawing upon readings based on developments – historical and current – within and outside the law.

Note: This reading group will meet on the following dates: Sept 11, Sept 25, Oct 10, Oct 23, Nov 6, Nov 20.