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Brian Flanagan

@lawstuff.bsky.social
714 followers 887 following 34 posts

School of Law, Maynooth University. Philosophy, law-and-courts. "Pesky academic" The Guardian; "Plainly wrong" High Court of Ireland.

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Reposted by Brian Flanagan
Guilherme Almeida @almeida2808.bsky.social · 23/04/2026
New paper w/ Faisal Feroz, Justin Lim, and @lawstuff.bsky.social. What makes an authority legitimate? *Rules* are legitimate when they benefit their addressees, but *officials* are legitimate when they are selected according to appropriate (but not necessarily democratic) procedure. bit.ly/41LYerL
bit.ly
The Folk Concept of Legitimate Authority: An Experimental Approach
Theorists of legitimate authority often appeal to ordinary intuition. Raz claims that the service conception-on which a directive is legitimate when it tracks r
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Mayor Zohran Kwame Mamdani @mayor.nyc.gov · 17/03/2026
Happy St. Patrick's Day, New York.
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Izabela Skoczeń @izaskoczen.bsky.social · 04/03/2026
juris.jotwell.com/what-is-real-law/ Check out my review of the awesome paper by @lawstuff.bsky.social & @almeida2808.bsky.social, “Lawful, But Not Really: The Dual Character of the Concept of Law”. I am honored to be a contributing editor of JOTWELL, edited by profs. B Bix, K Himma and M Froomkin!
juris.jotwell.com
What is Real Law? - Jurisprudence
Brian Flanagan & Guilherme de Almeida, Lawful, But Not Really: The Dual Character of the Concept of Law, 43 L. & Phil. 507 (2024).Izabela SkoczenIn the article, Lawful, But Not Really: The Dual Charac...
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Paul Bernal @paulbernal.bsky.social · 24/08/2025
Perhaps the real ‘two tier justice’ is that the foot soldiers who do the racist tweets get jail time, whilst the lieutenants in journalism who write the racist articles and the colonels as editors who spew out the incendiary headlines, and generals who own the papers, just get lots of money.
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Guilherme Almeida @almeida2808.bsky.social · 16/07/2025
I just posted a new pre-print where I argue that dual character concepts are something new and interesting in legal philosophy and beyond and that they can't be reduced to ambiguity, prototypes, or metalinguistic negotiations. Comments are very welcome! papers.ssrn.com/sol3/papers....
papers.ssrn.com
<span>A defense of dual character concepts in legal philosophy and beyond</span><span></span>
Recent work in jurisprudence claimed that central legal concepts, such as that of LEGAL VALIDITY and of a legal RULE have a dual character structure. Moreover,
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Brian Flanagan @lawstuff.bsky.social · 16/07/2025
Strikingly, we found no legitimacy penalty for AI assistance. Hypotheticals featuring courts guided by computer-generated legal research were viewed as just as legitimate as those relying on human staff. @almeida2808.bsky.social, Daniel Chen, Angela Gitahi.
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Brian Flanagan @lawstuff.bsky.social · 16/07/2025
Evidence of Public Acceptance of AI Law Clerks: We investigated how Kenyans evaluate the legitimacy of court decisions when judges rely on AI-generated legal research—versus that of human law clerks. www.tandfonline.com/doi/full/10.... 1/
tandfonline.com
The rule of law or the rule of robots? Nationally representative survey evidence from Kenya
With AI now passing the bar, and with increasing court caseloads worldwide hampering access to justice, there are calls for judges to make use of chatbots to help expedite their work. Such calls po...
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Brian Flanagan @lawstuff.bsky.social · 30/06/2025
There was a time when the death penalty actually made people more likely to offend—at least if they were Irish; h/t Daniel Chen. See my piece in Village: villagemagazine.ie/deserting-as...
villagemagazine.ie
Deserting as resistance: the Easter Rising’s impact on the Western Front - Village Magazine
British military justice backfired in the case of Irish ‘Tommies’ By Brian Flanagan School history teaches that World War I’s causes were complex: Nationalism, Militarism, Imperial ambition and declin...
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Maynooth University School of Law and Criminology @maynoothlaw.bsky.social · 18/06/2025
A piece in @lawsocietygazette.bsky.social discusses a report co-authored by Dr Brian Flanagan on the sitting judiciary's attitudes to the technology. Our research points toward a legal future where AI complements rather than replaces human judgment,' Dr Brian Flanagan
eur02.safelinks.protection.outlook.com
‘We can’t have a room of robots’: senior judges reveal thoughts on AI
Academics propose randomised controlled trial to measure effectiveness of technology.
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Brian Flanagan @lawstuff.bsky.social · 18/06/2025
Check out the first qualitative study of judges’ views on AI in law: users.wpi.edu/~esolovey/pa... Our focus groups featured a cross-section of 12 UK judges, including 5 members of the UK Supreme Court. Co-authored with Erin Solovey and Daniel Chen.
users.wpi.edu
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Lawrence Solum @lsolum.bsky.social · 11/06/2025
Experimental Jurisprudence (Stanford Encyclopedia of Philosophy) plato.stanford.edu/entries/expe...
plato.stanford.edu
Experimental Jurisprudence (Stanford Encyclopedia of Philosophy)
Experimental jurisprudence (or “X-Jur”) addresses questions of jurisprudence or legal philosophy by complementing traditional philosophical analysis with empirical methods. Often those methods…
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Irish Legal News @irishlegal.com · 13/05/2025
Researchers who set the cat among the pigeons when they claimed to have evidence that Wikipedia was influencing judicial decision-making in Ireland have said they stand by their findings.
irishlegal.com
Fresh fuel poured on debate over Wikipedia influence on judgments
Researchers who set the cat among the pigeons when they claimed to have evidence that Wikipedia was influencing judicial decision-making in Ireland have said they stand by their findings.
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Brian Flanagan @lawstuff.bsky.social · 12/05/2025
As reported in the Irish Times this morning, our response to judicial critics of our Wikipedia research: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Trial by Internet: A Response to Judicial Critics
<p><span>In July 2022, we released a preprint of Chapter 38 of <i>The Cambridge Handbook of Experimental Jurisprudence</i>. In the months that followe
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Brian Flanagan @lawstuff.bsky.social · 25/04/2025
The more empathetic you are, the more you’ll prioritise a rule’s spirit over its letter.
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Sam Halpert @samhalpert.bsky.social · 15/04/2025
Even accepting the premise that AI produces useful writing (which no one should), using AI in education is like using a forklift at the gym. The weights do not actually need to be moved from place to place. That is not the work. The work is what happens within you.
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Paolo Sandro @paolosandro.bsky.social · 07/04/2025
New off the press, will be of particular interest to @philosophy-law.bsky.social, @lawstuff.bsky.social, @anuragdeb.bsky.social and many others link.springer.com/article/10.1...
link.springer.com
Legislative Intent and the Hard Problem of Content - Law and Philosophy
The general aim of this paper is to investigate how philosophical problems with the notion of mental content affect the debate about legislative intent. Specifically, the aim is to define and criticiz...
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Brian Flanagan @lawstuff.bsky.social · 22/03/2025
Thanks Paolo! Yeah, skeptical accounts strike me as superficial because they seem to bottom out in an appeal to a brute fact that legislatures will have such-and-such properties or that all legislators will be individually incentivised to converge on some voting rule or other. 🙂
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Brian Flanagan @lawstuff.bsky.social · 18/03/2025
Thanks for the 'highly recommended' Larry!
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Guilherme Almeida @almeida2808.bsky.social · 11/03/2025
Short thread on the latest paper led by @joseluiz.bsky.social w/ @lawstuff.bsky.social: arxiv.org/abs/2503.00992 The paper addresses two issues w/ previous machine psychology papers (including our own): 1) are LLMs mastering concepts, or are they memorizing the data? 1/14
arxiv.org
Evidence of conceptual mastery in the application of rules by Large Language Models
In this paper we leverage psychological methods to investigate LLMs' conceptual mastery in applying rules. We introduce a novel procedure to match the diversity of thought generated by LLMs to that ob...
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Brian Flanagan @lawstuff.bsky.social · 06/03/2025
Want to know why legislating is like forgiving? And why policy preferences are of secondary importance? Check out my new paper in the American Journal of Jurisprudence - Collective Mental Action: Turning Texts into Statutes (open access) academic.oup.com/ajj/advance-...
academic.oup.com
Collective Mental Action: Turning Texts into Statutes
Abstract. How exactly do we know that a text is a law? This paper argues that purely legalistic explanations are inadequate because they do not explain why
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Brian Flanagan @lawstuff.bsky.social · 03/03/2025
New paper with @joseluiz.bsky.social and @almeida2808.bsky.social showing that AI possesses the concept of rule. We find that generative AI emulates how humans apply rules to novel situations in which a rule's letter and spirit conflict. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Evidence of conceptual mastery in the application of rules by Large Language Models
In this paper we leverage psychological methods to investigate LLMs' conceptual mastery in applying rules. We introduce a novel procedure to match the diversity
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Brian Flanagan @lawstuff.bsky.social · 18/02/2025
I feel like Lon Fuller would be conflicted...
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Brian Flanagan @lawstuff.bsky.social · 18/02/2025
Nope! www.sciencedirect.com/science/arti...
sciencedirect.com
Exploring the psychology of LLMs’ moral and legal reasoning
Large language models (LLMs) exhibit expert-level performance in tasks across a wide range of different domains. Ethical issues raised by LLMs and the…
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Brian Flanagan @lawstuff.bsky.social · 13/02/2025
And only the softer kind..
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Brian Flanagan @lawstuff.bsky.social · 17/01/2025
To be fair if a court said this it would be equally bonkers.
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Brian Flanagan @lawstuff.bsky.social · 10/01/2025
Empathy reveals the law’s spirit.
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Brian Flanagan @lawstuff.bsky.social · 09/01/2025
Disruptive passengers beware my legal analysis: www.rte.ie/news/ireland...
rte.ie
Ryanair seeks €15k in damages from disruptive passenger
Ryanair has said a civil action filed against a passenger is part of a zero-tolerance policy on unruly behaviour on its aircraft and it warned it will not be the last time it sues somebody for causing...
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Brian Flanagan @lawstuff.bsky.social · 07/01/2025
Wait, neither Hercules nor the snail darter existed? www.nytimes.com/2025/01/03/s...
nytimes.com
This Tiny Fish’s Mistaken Identity Halted a Dam’s Construction
Scientists say the snail darter, whose endangered species status delayed the building of a dam in Tennessee in the 1970s, is a genetic match of a different fish.
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John Pfaff @johnpfaff.bsky.social · 02/01/2025
Seeing ppl talk abt the “Feb submission cycle” for law reviews, so just want to point out that no other academic field forces ppl to finish their papers in sync w graduation calendars, bc no other field delegates assessing publishability to students w 2 yrs of (often inapplicable) study.
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Brian Flanagan @lawstuff.bsky.social · 24/12/2024
That’s halfling talk..
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Brian Flanagan @lawstuff.bsky.social · 05/12/2024
The accompanying paper by Samuel Burry suggests that Hart may have felt that his argument had been superseded by Dworkin's new formulation of his theory from the mid-eighties.
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Brian Flanagan @lawstuff.bsky.social · 04/12/2024
'Looking at foreign law for support is like looking out over a crowd and picking out your friends.' Europe feels the US Supreme Court love again.
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Brian Flanagan @lawstuff.bsky.social · 29/11/2024
‘A Dilemma for Proceduralist Theories of Democracy’ published open access in the American Journal of Jurisprudence today! I argue (prove) that thin accounts of democracy either exclude familiar strands of representative democracy or admit elective autocracies. doi.org/10.1093/ajj/...
doi.org
A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs?
Abstract. Emphasizing the intrinsic value of formal political equality, a prominent strand of democratic theory—proceduralism—sharply disassociates democra
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Brian Flanagan @lawstuff.bsky.social · 27/11/2024
Agreed.
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Brian Flanagan @lawstuff.bsky.social · 26/11/2024
Gotta be a way of citing Felipe’s review in the published version…
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Brian Flanagan @lawstuff.bsky.social · 18/11/2024
X-Jur has arrived -
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Brian Flanagan @lawstuff.bsky.social · 25/08/2024
@almeida2808.bsky.social, Daniel Chen, and Angela Gitahi.
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Brian Flanagan @lawstuff.bsky.social · 25/08/2024
'The Rule of Law or the Rule of Robots? Nationally Representative Survey Evidence from Kenya' papers.ssrn.com/sol3/papers.... We report a vignette-based experiment (N 2,246) which finds that judicial reliance on AI law clerks is considered no less acceptable than reliance on human ones.
papers.ssrn.com
The Rule of Law or the Rule of Robots? Nationally Representative Survey Evidence from Kenya
With AI now passing the bar, and with court caseloads worldwide hampering access to justice, there are calls for judges to make use of chatbots to help expedite
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Brian Flanagan @lawstuff.bsky.social · 21/03/2024
go on, who is it?
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Brian Flanagan @lawstuff.bsky.social · 20/03/2024
Could you say a little more?
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Brian Flanagan @lawstuff.bsky.social · 19/03/2024
Study showing Wikipedia’s influence on court judgments now published in Information Systems Research (open access): pubsonline.informs.org/doi/full/10....
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Brian Flanagan @lawstuff.bsky.social · 19/03/2024
There are a few who haven't made such appeals. But one of the paper's goals was to provide a documentary account that would show just how common such appeals have been.
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Guilherme Almeida @almeida2808.bsky.social · 30/01/2024
bit.ly/3SbTEgY New pre-print w/ @lawstuff.bsky.social and Ivar Hannikainen on the psychology of rule violation. We found that trait empathy is associated with purposivism. Importantly, that association happens within a shared framework, as most participants take both text and purpose into account.
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Brian Flanagan @lawstuff.bsky.social · 16/12/2023
Advance access version available (paywall 🙁): www.tandfonline.com/doi/full/10....
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Brian Flanagan @lawstuff.bsky.social · 06/11/2023
Give ‘em hell Anurag!
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Brian Flanagan @lawstuff.bsky.social · 06/11/2023
"The Burning Armchair: Can Jurisprudence be Advanced by Experiment?" I’ve written a response to Prof Kenneth Himma’s recent criticism of experimental legal theory. It’s forthcoming in Jurisprudence; I’ve posted my ‘author’s draft’ to SSRN: papers.ssrn.com/sol3/papers....
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Brian Flanagan @lawstuff.bsky.social · 12/10/2023
Looking forward to presenting Wikipedia research at the University of Chicago tomorrow for the Conference on Empirical Legal Studies 2023.
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