Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (5)
- Jurisprudence (4)
- Legal Studies (4)
- Criminal Law (3)
- Ethics and Political Philosophy (3)
-
- History (3)
- Law and Society (3)
- Legal History (3)
- Philosophy (3)
- Sociology (3)
- Civil Rights and Discrimination (2)
- Constitutional Law (2)
- Criminal Procedure (2)
- Legal (2)
- Political History (2)
- Religion (2)
- Religious Thought, Theology and Philosophy of Religion (2)
- Social Control, Law, Crime, and Deviance (2)
- United States History (2)
- Comparative and Foreign Law (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Economic Theory (1)
- Economics (1)
- European History (1)
- History of Religion (1)
- History of Religions of Western Origin (1)
- Inequality and Stratification (1)
- Publication
- Publication Type
- File Type
Articles 1 - 7 of 7
Full-Text Articles in Arts and Humanities
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Paul D. Callister
For so long as it has been important to know “what the law is,” the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.
Part I of the paper introduces a holistic approach to “medium theory”—the idea that methods of communication influence social development and ideology—and applies the theory to the development of legal thinking and institutions. Part …
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
David B Kopel
Many twenty-first century Americans believe that they have a God-given right to possess arms as a last resort against tyranny. One of the most important sources of that belief is the struggle for freedom of conscience in the United Kingdom during the reigns of Elizabeth I and the Stuarts. A moral right and duty to use force against tyranny was explicated by the Scottish Presbyterians George Buchanan and Samuel Rutherford. The free-thinking English Christians John Locke and Algernon Sidney broadened and deepened the ideas of Buchanan and Rutherford. The result was a sophisticated defense of religious freedom, which was to …
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
David B Kopel
This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
All Faculty Scholarship
The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …
Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi
Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi
All Faculty Scholarship
Functional law and economics, which draws its influence from the public choice school of economic thought, stands in stark contrast to both the Chicago and Yale schools of law and economics. While the Chicago school emphasizes the inherent efficiency of legal rules, and the Yale school views law as a solution to market failure and distributional inequality, functional law and economics recognizes the possibility for both market and legal failure. That is, while there are economic forces that lead to failures in the market, there are also structural forces that limit the law’s ability to remedy those failures on an …