Arts and Humanities Commons^™

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.

The Social Foundations Of Law, Martha Albertson Fineman

Faculty Articles

There are several important questions to ask both our politicians and ourselves as we seek to refine and further define an otherwise abstract commitment to substantive equality with which to replace our current formal version. As with many concepts of historic magnitude, some of the most significant questions to pose about equality have to do with how we should respond to evolutions in understanding and changes in aspiration for the term: ls a mere commitment to formal equality sufficient for a humane and modem state? How should the state respond to the fact that our society is increasingly one in …

The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry

Faculty Articles

In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.

The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …