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William A. Edmundson

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The Property Question.Pdf, William A. Edmundson Apr 2018

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes.  James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda.  By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the …

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The Property Question.Pdf, William A. Edmundson Dec 2017

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

for presentation at the Property and Political Economy Conference at the Smith Institute,
Chapman University, April 20-21, 2018
The “property question” is the constitutional question whether a society’s basic resources are
to be publicly or privately owned; that is, whether these basic resources are to be available to
private owners, perhaps subject to tax and regulation, or whether instead they are to be
retained in joint public ownership, and managed by democratic processes. James Madison’s
approach represents a case in which prior holdings are taken for granted, and the property
question itself is kept off of the political agenda. By …

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Are Law And Morality Distinct?, William A. Edmundson Nov 2015

Are Law And Morality Distinct?, William A. Edmundson

William A. Edmundson

No abstract provided.

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Contextualist Answers To Skepticism, And What A Lawyer Cannot Know, William A. Edmundson Nov 2015

Contextualist Answers To Skepticism, And What A Lawyer Cannot Know, William A. Edmundson

William A. Edmundson

No abstract provided.

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Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson Nov 2015

Discovery Of Federal Income Tax Returns And The New “Qualified” Privileges, William A. Edmundson

William A. Edmundson

No abstract provided.

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First Force, William A. Edmundson Nov 2015

First Force, William A. Edmundson

William A. Edmundson

No abstract provided.

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Schauer On Precedent In The U.S. Supreme Court, William A. Edmundson Nov 2015

Schauer On Precedent In The U.S. Supreme Court, William A. Edmundson

William A. Edmundson

No abstract provided.

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The Antinomy Of Coherence And Determinacy, William A. Edmundson Nov 2015

The Antinomy Of Coherence And Determinacy, William A. Edmundson

William A. Edmundson

Coherence and determinacy are both apparent desiderata for bodies of law and legal systems. Unfortunately, in legal systems of any complexity, increasing the degree of one invariably brings about a lessening of the other. For theories of law - such as Ronald Dworkin's - that emphasize the importance of coherence in judicial reasoning, while requiring as a condition of legitimacy that legal rights pre-exist judicial decisions, this must be an unwelcome fact.

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Distributive Justice And Distributed Obligations, William A. Edmundson Dec 2014

Distributive Justice And Distributed Obligations, William A. Edmundson

William A. Edmundson

Collectivities, that is, groups constituted by some procedure for making group decisions, can be agents. Collectivities can be moral agents if they can appreciate and act upon moral reasons. Collectivities thus can have obligations that are not simply the aggregate of preexisting obligations of their members. Certain kinds of collective obligation distribute over their membership, i.e., become members’ obligations to do a fair share to fulfill the collectivity’s obligation. In incremental good cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute that share. …

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Are Law And Morality Distinct?, William A. Edmundson Oct 2014

Are Law And Morality Distinct?, William A. Edmundson

William A. Edmundson

No abstract provided.

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Death Penalties, Raoul Berger, William A. Edmundson Oct 2014

Death Penalties, Raoul Berger, William A. Edmundson

William A. Edmundson

No abstract provided.

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Schauer On Precedent In The U.S. Supreme Court, William A. Edmundson Oct 2014

Schauer On Precedent In The U.S. Supreme Court, William A. Edmundson

William A. Edmundson

No abstract provided.

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