ABSTRACT

More than thirty-five years ago, I took a law school course called “the legal process.” Using a brilliant 1,400-page set of materials by the late Harvard Law School professors Henry M. Hart Jr. and Albert M. Sacks,2 this immensely rich course explored basic questions about which legal institutions should regulate which kinds of human conduct. I emerged from the course dazzled by its complex themes but deeply impressed by a powerful idea that to the authors of the materials was probably only a minor revelation.