Arts and Humanities Commons^™

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Two Men On A Plank, Claire Oakes Finkelstein

All Faculty Scholarship

Can two individuals, each of whom needs a certain resource for his survival, have equal and conflicting rights to that resource? If so, is each entitled to try to exclude the other from its use? An old chestnut of moral and legal philosophy raises the problem. Following a shipwreck, two men converge simultaneously on a plank floating in the sea. There is no other plank available and no immediate hope of rescue. Unfortunately the plank can support only one; it sinks if two try to cling to it. Is it permissible for each to attempt to secure his own survival …

Deconstruction: Fad Or Philosophy?, David R. Keller

David R. Keller

No abstract provided.

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

All Faculty Scholarship

While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

All Faculty Scholarship

Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …

Lying To Protect Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Spinoza And Marx, Eugene W. Holland

Eugene W Holland

This essay explores what replacing Hegel with Spinoza as a philosophical source might do for contemporary Marxism.

Hart's Methodological Positivism, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.

How Some Risk Frameworks Disenfranchise The Public, Kristin Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

The author responds to recent characterizations of her work.

Asceticism/Askēsis: Foucault's Thinking Historical Subjectivity, Ladelle Mcwhorter

Philosophy Faculty Publications

In the Introduction to The Use of Pleasure Foucault calls his work an askēsis, "an exercise of oneself in the activity of thought." The "living substance of philosophy," Foucault writes, is the essay, "which should be understood as the assay or test by which, in the game of truth, one undergoes changes, and not as the simplistic appropriation of others for the purpose of communication." Foucault's work, then, does not simply report to us his conclusions or theories. Foucault is not primarily interested in imparting information. What he offers instead is a kind of exercise book.

Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales

All Faculty Scholarship

No abstract provided.

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Unger's Philosophy: A Critical Legal Study, William Ewald

All Faculty Scholarship

Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.

Reply To Cornel West, William Ewald

All Faculty Scholarship

No abstract provided.

Philosophy, Ethics, And Virtuous Rule: A Study Of Averroes' Commentary On Plato's "Republic", Charles E. Butterworth

Faculty Books

No abstract provided.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

All Faculty Scholarship

No abstract provided.

Rights And The Meta-Ethics Of Professional Morality, Mike W. Martin

Philosophy Faculty Articles and Research

This article looks into the Meta-Ethics of medical professionals.

The Ethics Of Benedict De Spinoza, Translated By George Eliot, Benedict De [Baruch] Spinoza, George Eliot , Translator, Thomas Deegan , Editor

Electronic Reference Materials

The Ethics of Benedict (or Baruch) Spinoza (1632-1677) was written in Latin 1664-65 and published posthumously the year of his death. Spinoza's statement of moral philosophy, inspired by the rationalism of Descartes and the Enlightenment, was considered heretical at the time. He was excommunicated by Jewish religious authorities and his writings proscribed by the Catholic Church. His works, however, proved a hiden influence on the thought Locke, Hume, Liebnitz, and Kant, and became one of the foundations of the Western philosophical tradition, with profound influence on the works of Hegel, Goethe, Schopenhauer, and Nietzsche.

George Eliot [Marian Evans] (1819-1880) prepared …

Universalizability And Prescriptivity In Practical Reasoning, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

An Hegelian Interpretation Of The Vietnam War, Diane Heggarty

All Master's Theses

This essay attempts to use the philosophy of politics and history of George Wilhelm Friedrich Hegel to interpret a contemporary situation--the Vietnam War. The gradual involvement of America in Vietnam is illustrated by the use of Hegel's dialectic or logic. Internal problems and strife are put in perspective by Hegel's political philosophy. Problems arise because general theories must always ignore particulars in a concrete situation such as Vietnam. But Hegel's view of the world is generally applicable to the twentieth century.

In Defense Of Sidgwick, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

The Origin Of Living Things, By Julius Seiler, Translated By Gerard Farley, Gerard Farley

Philosophy Faculty Publications

No abstract provided.

Book Review. Cairns, H., Legal Philosophy From Plato To Hegel, Jerome Hall

Articles by Maurer Faculty

No abstract provided.