Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (14)
- California Polytechnic State University, San Luis Obispo (5)
- University of Pennsylvania Carey Law School (4)
- Western Michigan University (4)
- Boston University School of Law (3)
-
- City University of New York (CUNY) (3)
- Liberty University (3)
- Loyola University Chicago (3)
- University of Richmond (3)
- Embry-Riddle Aeronautical University (2)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (2)
- SelectedWorks (2)
- University of Windsor (2)
- Bard College (1)
- Bellarmine University (1)
- Butler University (1)
- Case Western Reserve University School of Law (1)
- Claremont Colleges (1)
- Colby College (1)
- Georgia Southern University (1)
- Georgia State University (1)
- Gettysburg College (1)
- Lund University, Faculty of Law (1)
- Macalester College (1)
- Maurer School of Law: Indiana University (1)
- Montclair State University (1)
- Ouachita Baptist University (1)
- Purdue University (1)
- Salve Regina University (1)
- San Jose State University (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (4)
- Between the Species (4)
- The Medieval Globe (4)
- Faculty Scholarship (3)
- Political Science Faculty Publications (3)
-
- Articles (2)
- International Bulletin of Political Psychology (2)
- Nick J. Sciullo (2)
- Philippe Nonet (2)
- Philosophy: Faculty Publications and Other Works (2)
- Scientific reports of Bukhara State University (2)
- Allen Mendenhall (1)
- Animal Studies Journal (1)
- C. G. Bateman (1)
- CAFE Symposium 2023 (1)
- CMC Senior Theses (1)
- Cary Federman (1)
- Comparative Philosophy (1)
- Daniel A Farber (1)
- David C Taylor Jr (1)
- David Ingram (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Dissertations (1)
- Dissertations, Theses, and Capstone Projects (1)
- Doctor of Ministry Projects and Theses (1)
- Doctoral Dissertations (1)
- Eleutheria: John W. Rawlings School of Divinity Academic Journal (1)
- Faculty and Staff - Articles & Papers (1)
- Graduate Student Publications and Research (1)
- Honors College Theses (1)
- Publication Type
- File Type
Articles 61 - 78 of 78
Full-Text Articles in Arts and Humanities
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.
Transgressive Sanctity: The Abrek In Chechen Culture, Rebecca Gould
Transgressive Sanctity: The Abrek In Chechen Culture, Rebecca Gould
Rebecca Gould
The ancient tradition of the abrek (bandit) was developed into a political institution during the second half of the nineteenth and early twentieth century by Chechen and other Muslim peoples of the Caucasus as a strategy for dealing with the overwhelming military force of Russia's imperial army. During the Soviet period, the abrek became a locus for oppositional politics and arguably influenced the representations of violence and anti-colonial resistance during the recent Chechen Wars. This article is one of the first works of English-language scholarship to historicize this institution. It also marks the beginning of a book project entitled A …
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 …
Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng
Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng
Sinkwan Cheng
This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
International Bulletin of Political Psychology
This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.
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.
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
International Bulletin of Political Psychology
This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.
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.
On Descartes' Presuppositionless Philosophy, W. Tyler Johnson
On Descartes' Presuppositionless Philosophy, W. Tyler Johnson
Undergraduate Honors Capstone Projects
The history of human thought seems to be a quest for truth. Each looking for some evidence of a higher law, the biologist looks at living tissue, the chemist looks in the molecule, and the physicist looks inside the atom while the mathematician looks beyond matter and the theist looks toward God. Uncertainty and ignorance have traditionally been despised and rejected in favor of Knowledge and Rigor by all such scientists. Rene Descartes is commonly understood to be the father of this modernism as he was the first to replace the Church and its authoritarianism with a belief in the …
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.
The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann
The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann
Indiana Law Journal
No abstract provided.