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Articles 151 - 161 of 161
Full-Text Articles in Arts and Humanities
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
All Faculty Scholarship
Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …
Reason, Results, And Criminal Responsibility, Stephen J. Morse
Reason, Results, And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Race, Face, And Rawls, Anita L. Allen
Humanity And The Law, Geoffrey C. Hazard Jr.
Humanity And The Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
All Faculty Scholarship
No abstract provided.
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
All Faculty Scholarship
No abstract provided.
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Personal Practical Conflicts, Joseph Raz
Personal Practical Conflicts, Joseph Raz
Faculty Scholarship
This preliminary reflection about practical conflicts confronting single agents does little to solve the problems conflicts create. Rather, it attempts to explain what conflicts are and what questions they raise. I suggest that we have two distinct notions of single-agent conflicts reflecting two distinct theoretical questions. The first concerns the possibility of there being a right action in conflict situations. It is the question of whether and, if so, how reasons deriving from different concerns or affecting different people can be of comparable strengths. The second concerns a sense that there is something unfortunate about conflicts and that when facing …
Immanuel Kant (Reference Entry), Harry Van Der Linden
Immanuel Kant (Reference Entry), Harry Van Der Linden
Scholarship and Professional Work - LAS
"Immanuel Kant," published in Ethics, Revised Edition, pages 804-06, reprinted (or reproduced) by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press.
Kierkegaard As An Enlightenment Thinker, Jeremy Bendik-Keymer
Kierkegaard As An Enlightenment Thinker, Jeremy Bendik-Keymer
Faculty Scholarship
What if Kierkegaard were not a counter-Enlightenment thinker, but were a deeper enlightenment thinker? In this talk, I want to propose an interpretation of S.K.’s work under which he continues the Enlightenment, rather than discontinuing it. I will claim that Kierkegaard deepened and advanced one of the most central aspects of “enlightenment”, at least as Kant and the subsequent tradition has defined it. Kierkegaard was an enlightenment thinker (lower case “e”!), and therefore it is misleading to see him as opposed to the heart of the Enlightenment (upper case “e”).
Racism's Past And Law's Future, Vivian Grosswald Curran
Racism's Past And Law's Future, Vivian Grosswald Curran
Articles
Legal scholars, lawmakers and, increasingly, the general public seem to place ever-increasing hope in the potential of law and legal theory, and of enforceable uniform international legal standards. Many appear to believe that identifying and enacting laws and a legal framework that correspond worldwide to human rights will solve the age-old problem of legalized barbarism. The historical propensity of courts, even in democratic states, to legitimate and enable racist policies provides compelling evidence that the current level of faith in law is misplaced.
This Article argues the limitations of law and legal theory, contesting the view that on their own …