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Articles 1 - 6 of 6
Full-Text Articles in Arts and Humanities
Holmes And Dissent, Allen P. Mendenhall
Holmes And Dissent, Allen P. Mendenhall
Allen Mendenhall
Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …
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 …
Issues In Conductive Argument Weight, Thomas Fischer, Rongdong Jin
Issues In Conductive Argument Weight, Thomas Fischer, Rongdong Jin
OSSA Conference Archive
The concept of conductive argument weight was developed by Carl Wellman and later by Trudy Govier. This concept has received renewed attention recently from another informal logician, Robert C. Pinto. Argument weight has also been addressed in recent years by theorists in AI & Law. I argue from a non-technical perspective that some aspects of AI & Law’s approach to argument weight can be usefully applied to the issues addressed by Pinto. I also relate some of these issues to the work of argument theorist Harald Wohlrapp.
Rethinking Legal Retribution, Stephen Parsley
Rethinking Legal Retribution, Stephen Parsley
Philosophy Theses
In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.
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 …