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Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright
Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Incommensurability As A Jurisprudential Puzzle, Richard Warner
Incommensurability As A Jurisprudential Puzzle, Richard Warner
All Faculty Scholarship
No abstract provided.
Aristotle On Political Justice (Symposium), Steven J. Heyman
Aristotle On Political Justice (Symposium), Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Positive And Negative Liberty, Steven J. Heyman
Positive And Negative Liberty, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan
From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan
Faculty Articles
Both Richard Weisberg and James Boyd White are eminent figures in the academic field of law and literature. As lines between philosophy and literature blur, the stance of “judgment” becomes more like a reflective aesthetic evaluation than a critique through formal logic. Law is, as Weisberg and White agree, more art than science. Yet, for all their contributions to the study of law, including their ostensibly shared realm of mediation, the two create a combative, hierarchic tone of discourse by the near-total exclusion of women from their texts.
Law as conversation is not primarily war through or with words. Rather, …
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …
The Last Emperor?, Allan C. Hutchinson
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
Scholarly Works
In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
The Jurisprudence Of Jane Eyre, Anita L. Allen
The Jurisprudence Of Jane Eyre, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
Autopoiesis And Justice, Michel Rosenfeld
Autopoiesis And Positivism, Richard H. Weisberg
A Mirror For The Magistrate, Paul Campos
The Paradox Of Punishment, Paul Campos
The Paradox Of Punishment, Paul Campos
Publications
Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.
Writing For Judges, Pierre Schlag
Tort Law As A Comparative Institution, Claire Oakes Finkelstein
Tort Law As A Comparative Institution, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
The Idea Of A Legal Unconscious, Arthur J. Jacobson
Timeless Rules: Can Normative Closure And Legal Indetermincy Be Reconciled?, Charles M. Yablon
Timeless Rules: Can Normative Closure And Legal Indetermincy Be Reconciled?, Charles M. Yablon
Articles
No abstract provided.