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Constitutional Law

Selected Works

Selected Works

1997

Jurisprudence

Articles 1 - 2 of 2

Full-Text Articles in Law

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson Dec 1996

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson

Darren L Hutchinson

Article employs Critical Race Theory to analyze arguments made by movements for LGBT equality and in related legal theory. Article encourages scholars and advocates to utilize more multidimensional models of social justice that do not rest on the necessary compartmentalization of race, sexual orientation, class, and other identity markers.

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From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman Dec 1996

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman

Stephen M. Feldman

This article explains the crucial differences between premodernism and modernism. A distinctive feature of premodernism was an abiding faith in nature or God as a stable and foundational source of meaning and value. When premodernism gave way to modernism, the commitment to foundationalism remained intact. Modernists believed that knowledge must be firmly grounded on an objective foundation. A crucial distinction between modernism and premodernism, however, lay in their respective ideas of foundations. Whereas premodernists readily accepted God and nature as foundational sources for value and knowledge, modernists rejected religious, natural, and other traditional footings and searched for some alternative foundation. …

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