Hermeneutic Concepts and Immodest Conceptual Analysis of the Law

Brian Leiter holds that traditional intuition-guided conceptual analysis (CAL) of the law either modestly but relatively uninterestingly make claims about our shared understanding of the law, or it immodestly but unwarrantedly make claims about the law itself. Here, I defend and explore the implications of a third possibility. Namely, CAL is simultaneously an analysis of our shared understanding of the law and of the law itself, for our concept …