Friday, February 20, 2009
Solum on Possibility and Necessity in Law
Prof. Solum suggests that arguments about legal possibility and necessity can be sharpened by using the possible worlds approach to modality. Quite possibly so. The possible worlds approach is fascinating (to me, at least) and it's useful philosophical knowledge in any case. In my note, I argued that it was Justice Scalia's failure to attend to the difference between universal and existential modality (the feature that distinguishes possibility from necessity) that led him to reason wrongly about the meaning of the Second Amendment in D.C. v. Heller.