Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (4)
- University of Richmond (4)
- Boston University School of Law (3)
- City University of New York (CUNY) (2)
- Loyola University Chicago (2)
-
- Butler University (1)
- California Polytechnic State University, San Luis Obispo (1)
- Gettysburg College (1)
- Liberty University (1)
- Macalester College (1)
- Montclair State University (1)
- Ouachita Baptist University (1)
- Salve Regina University (1)
- University of Montana (1)
- University of Pittsburgh School of Law (1)
- University of Windsor (1)
- Valparaiso University (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (4)
- Faculty Scholarship (3)
- Political Science Faculty Publications (3)
- Articles (2)
- Philosophy Faculty Publications (2)
-
- Philosophy: Faculty Publications and Other Works (2)
- CAFE Symposium 2023 (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty and Staff - Articles & Papers (1)
- Graduate Student Publications and Research (1)
- Law Faculty Publications (1)
- Open Educational Resources (1)
- Philosophy (1)
- Philosophy Publications (1)
- Political Science Honors Projects (1)
- Popular Media (1)
- Scholarship and Professional Work - LAS (1)
- Senior Honors Theses (1)
Articles 1 - 28 of 28
Full-Text Articles in Arts and Humanities
The Concepts Of Law And Morality In Castle In The Sky, Kiet T. Tran
The Concepts Of Law And Morality In Castle In The Sky, Kiet T. Tran
CAFE Symposium 2023
This project examines the film Castle in the Sky by Studio Ghibli, directed by Hayao Miyazaki and how it uses “chaotic good”, “lawless evil” and “lawful good” being ideas rework from Future Boy Conan (1978) also directed by Hayao Miyazaki through an examination of the relationships between the characters.
Civil Liability For Civil Disobedience, David Lefkowitz
Civil Liability For Civil Disobedience, David Lefkowitz
Philosophy Faculty Publications
In January 2023, climate activists trespassed on the site of the German energy firm RWE’s Garzweiler coal mine to protest against its plans to expand operations there. The police eventually removed the protestors (including Greta Thunberg), many of whom were charged with committing criminal offenses. A few weeks after the occupation, RWE announced plans to seek compensation from the protestors for the injuries they inflicted on the firm, which included damage to vehicles and other equipment.[1] Should the law permit it to do so? More generally, should a liberal-democratic State hold civil disobedients legally liable to compensate the private …
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Open Educational Resources
From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
Litigating The Limits Of Religion: Minority And Majority Concerns About Institutional Religious Liberty In India, Chad Bauman
Litigating The Limits Of Religion: Minority And Majority Concerns About Institutional Religious Liberty In India, Chad Bauman
Scholarship and Professional Work - LAS
Western religious liberty advocates tend to focus on restrictions placed on minority religious communities, particularly when advocating abroad, that is, outside of the country in which they reside. In all contemporary democracies, however, adherents of religious majorities also express concerns about religious liberty. For this reason, the article considers both minority and majority concerns about institutional religious freedom in India. This essay provides an overview of religious freedom issues, with a particular focus on institutions, though, as I acknowledge, it is not always simple to distinguish individual from institutional matters of religious freedom. After describing various minority and majority concerns …
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Political Science Honors Projects
What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
Graduate Student Publications and Research
What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …
The Real Legal Realism, Michael S. Green
The State Of Nature X: Why Leave? A Preface On The State Of Nature Theory, Zachary S. Stirparo
The State Of Nature X: Why Leave? A Preface On The State Of Nature Theory, Zachary S. Stirparo
Senior Honors Theses
Great minds have addressed the issue of forming a polity, dating back to Plato. Yet, most of these great minds, such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau, argue for the need to escape the state of nature into a civil form of government. However, after taking the three essential elements of man that these philosophers all comment on, self-preservation, reason, and will, a new state of nature model is created that is stronger. It is stronger because of its definition of man and the analytic inferences that flow from that definition. Therefore, the state of nature theory does …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret
Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret
All Faculty Scholarship
The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …
Law, Philosophy, And Civil Disobedience: The Laws' Speech In Plato's 'Crito', Steven Thomason
Law, Philosophy, And Civil Disobedience: The Laws' Speech In Plato's 'Crito', Steven Thomason
Articles
Plato's 'Crito' is an examination of the tension between political science, a life devoted to the rational discourse and the critique of politics, and the demands of allegiance and service to the city. The argument Socrates makes in the name of the laws is not just meant to persuade Crito. Rather, it is a philosophic defense of the city itself, the philosophic response to Socrates' own speech in the Apology defending philosophy. This speech reveals the dangers and problems of a life devoted to philosophy when reason is directed to politics and calls into question the values and way of …
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …
Robot Ethics: Mapping The Issues For A Mechanized World, Patrick Lin, Keith Abney, George Bekey
Robot Ethics: Mapping The Issues For A Mechanized World, Patrick Lin, Keith Abney, George Bekey
Philosophy
As with other emerging technologies, advanced robotics brings with it new ethical and policy challenges. This paper will describe the flourishing role of robots in society—from security to sex—and survey the numerous ethical and social issues, which we locate in three broad categories: safety & errors, law & ethics, and social impact. We discuss many of these issues in greater detail in our forthcoming edited volume on robot ethics from MIT Press.
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Political Science Faculty Publications
This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …
Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons
Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons
Faculty Scholarship
At the foundation of Justice for Hedgehogs is a commitment to moral objectivity – the doctrine that there are right answers to moral questions. This nicely complements Dworkin’s legal theory, which holds that right answers to legal questions depend on right answers to moral questions. Without the doctrine of moral objectivity, Dworkin could not reasonably maintain, as he does, that law provides determinate answers to legal questions.
Resources For Research On Analogy: A Multi-Disciplinary Guide, Marcello Guarini, Amy Butchart, Paul Smith, Andrei Moldovan
Resources For Research On Analogy: A Multi-Disciplinary Guide, Marcello Guarini, Amy Butchart, Paul Smith, Andrei Moldovan
Philosophy Publications
Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well.
Digital Law Vs. Analog Lawyers, Albert Borgmann
Digital Law Vs. Analog Lawyers, Albert Borgmann
Philosophy Faculty Publications
Lawyers are conflicted and confused about the role technology plays in their lives, and their attempts at clarification that I’m familiar with have been thoughtful for the most part, but not successful. Most lawyers do understand that technology can be a problem either as the subject or as the background of their practice. It’s their subject when they litigate issues of electronic surveillance or copyright infringements on the Internet. It’s the background of their practice when they use a computer, a cell phone, or PowerPoint.
Embracing Risk, Sharing Responsibility, Tom Baker
Embracing Risk, Sharing Responsibility, Tom Baker
All Faculty Scholarship
No abstract provided.
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
All Faculty Scholarship
Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Faculty Scholarship
This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.
Philosophy, Law, And Morality, Lois M. Eveleth
Philosophy, Law, And Morality, Lois M. Eveleth
Faculty and Staff - Articles & Papers
Law and morality now stand as two poles of an American dilemma. We are requiring of law far more than it can deliver, while morality is constitutionally unworkable. However, a third option, viz. philosophical/secular ethics, can provide a viable conceptual-linguistic framework for understanding and achieving the seemingly-elusive unity of national vision.
Making Motions: The Embodiment Of Law In Gestures, Bernard J. Hibbitts
Making Motions: The Embodiment Of Law In Gestures, Bernard J. Hibbitts
Articles
In contemporary America, the locus of legal meaning is habitually deemed to be the written word. This article pushes our conception of law’s “text” beyond its traditional inscripted bounds by focusing on physical gesture as a legal instrumentality. The few studies of legal gesture undertaken to date have explained its prominence in various legal systems and cultural environments, the significance of specific legal gestures in specific historic contexts, and the depiction of legal gestures in particular manuscripts or other specific physical settings, but no one has considered the general functions of legal gesture as a modality.
In an effort to …
Play Fair With Punishment, Richard Dagger
Play Fair With Punishment, Richard Dagger
Political Science Faculty Publications
If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.
A Thousand Points Of Ambiguity, Bruce Berner
A Thousand Points Of Ambiguity, Bruce Berner
Law Faculty Publications
No abstract provided.
Introduction: "Plus Ca Change...?", Stephen B. Burbank
Introduction: "Plus Ca Change...?", Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
Faculty Scholarship
Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.
Harm, Utility, And The Obligation To Obey The Law, Richard Dagger
Harm, Utility, And The Obligation To Obey The Law, Richard Dagger
Political Science Faculty Publications
In a recent essay, "Political Obligation", R. M. Hare sets out a utilitarian account of the obligation to obey the law which he believes to be immune to an objection often brought against such accounts. In what follows I shall briefly review this objection and Professor Hare's response to it; than I shall go on to argue that Hare's response, ingenious as it is, fails to defeat the objection. Hare's argument is instructive nonetheless, for its failure tells us something about wrongs and harm as well as utility and political obligation.