Arts and Humanities Commons^™

Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

A Critical Legal Studies Perspective, Mark Tushnet

Cleveland State Law Review

In this comment I want to address two points suggested by Professor Finnis's essay "Natural Law and Legal Reasoning." I say "suggested by" deliberately, for I do not want to attribute the points in their full force to him, although I believe that his essay lends itself to a reading in which those points would be given their full force. The points deal with the question of "easy questions" and what Professor Finnis calls the "sufficient and necessarily artificial clarity and definiteness" that yields answers to such questions, and with the way in which legal professionals are likely to understand …

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack

Articles

No abstract provided.

The Virtues Of Redundancy In Legal Thought, Randy E. Barnett

Cleveland State Law Review

Redundancy has a bad reputation among legal intellectuals. My interest in the virtues of redundancy grows out of my interest in the social function of the liberal conception of justice and the rule of law. In this essay, I propose that legal theorists pay serious attention to the concept of redundancy used by engineers. I explain how redundancy-in this special sense-is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. I will describe the virtues of redundancy in legal thought. I want to explain why it is useful to rely on …

The Myth Of The Neutral Social Researcher In Contemporary Scientific Controversies, P Scott, Evelleen Richards, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

According to both traditional positivist approaches and also to the sociology of scientific knowledge, social analysts should not themselves become involved in the controversies they are investigating. But the experiences of the authors in studying contemporary scientific controversies - specifically, over the Australian Animal Health Laboratory, fluoridation, and vitamin C and cancer - show that analysts, whatever their intentions, cannot avoid being drawn into the fray. The field of controversy studies needs to address the implications of this process for both theory and practice.

More Than A Footnote: A Biographical Portrait Of L. C. Rodd, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

A marina full of space age technology. cast in the form of pleasure craft. stretches before me; millions of dollars worth of monopoly money tugging gently on nylon leashes. My attention, however, is diverted from these state-of-the-art maritime fantasies to the iron-ribbed skeleton of another era, the barque James Craig, rescued from dereliction in Recherche Bay, Tasmania, now in the process of loving restoration by Sydney maritime buffs. On display in an effort to drum up the necessary restoration funds, she is a proud reminder of our sea-faring past, when wood and wire and rope and iron and canvas were …

Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi

Faculty of Law, Humanities and the Arts - Papers (Archive)

Australia, a leading Antarctic state that played a key role in negotiating the Convention for the Regulation of Antarctic Mineral Resource Activities, in May 1989 announced its opposition to the Convention and adoption instead of a World Park or Wilderness Reserve concept for Antarctica. This article examines possible environmental and economic reasons for Australia's attitude, which is likely to have significant implications for the future of the Convention and for the Antarctic Treaty System as a whole. -Authors

Review: Jolley, Elizabeth, My Father's Moon, Dorothy L. Jones

Faculty of Law, Humanities and the Arts - Papers (Archive)

In My Father's Moon Elizabeth Jolley presents a discontinuous narrative where readers must piece together, through a series of short stories, the life of the narrator, Vera Wright, as schoolgirl, student nurse and young mother. We shift back and forward in time not only between stories but within many of the individual stories as well. Most of the action is set in a period before, quring and just after the Second World War, but the second story, 'My Father's Moon', with its allusions to television, break dance and esoteric religious sects who go in for communal living and vegetarian diets, …

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Justification In The Killing Of An Innocent Person, John Makdisi

Cleveland State Law Review

It is appropriate to call Finnis' approach to life as an incommensurable basic human good a natural law approach. It suggests that there is more to life than just an accumulation of wealth, happiness, value, etc. There is something about life that we cannot value, that we cannot measure, that we cannot fathom, that is mysterious. While contract and even some tort law are readily adaptable to arguments of economic efficiency, there are areas where such arguments do not belong. Specifically, where the end result cannot be measured because the values at stake are incommensurable, there may be no best …

Natural Law Without Metaphysics: The Case Of John Finnis, Jeremy Shearmur

Cleveland State Law Review

Finnis, in Natural Law and Natural Right, sidesteps certain problems by taking a largely internalist view of natural law. First, for Finnis there is no problem of moving from facts to values, because within his starting-point-the "internal" reflective analysis of action-values are already there to be found. Second, Finnis suggests that what is today often cited as "the" statement of a fact/value problem, Hume's analysis, is in fact better understood as directed towards a different problem: one of the relation between truth and motivation. Here Finnis also offers a solution, suggesting that "one is motivated according to one's understanding of …

Whose Nature - Practical Reason And Patriarchy, Lynne Henderson

Cleveland State Law Review

My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …

On Being A Role Model, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Is Anyone Minding Stonehenge? The Origins Of Cultural Property Protection In England, Joseph Sax

Joseph L. Sax

No abstract provided.

Heritage Preservation As A Public Duty: The Abbé Grégoire And The Origins Of An Idea, Joseph Sax

Joseph L. Sax

No abstract provided.

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Assessing The Early Effects Of Emerging Trade Blocs: Research Agendas For North America And Europe., Janos L. Wimpffen, Russell B. Capelle Jr, Ann M. Oberhauser, James E. Randall, Barney L. Warf

Ann Oberhauser