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Articles 61 - 67 of 67
Full-Text Articles in Law
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson
Darren L Hutchinson
From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman
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. …
The Politics Of Postmodern Jurisprudence, Stephen M. Feldman
The Politics Of Postmodern Jurisprudence, Stephen M. Feldman
Stephen M. Feldman
Forms of postmodern interpretivism, including philosophical hermeneutics and deconstruction, assert that we are always and already interpreting. This assertion has provoked numerous scholarly attacks, many of which invoke standard modernist hobgoblins such as textual indeterminacy, solipsism, ethical relativism, and nihilism. From the modernist standpoint, postmodern jurisprudence is either conservative or apolitical because it lacks the foundations necessary for knowledge and critique. In this article, I argue that these modernist attacks not only are mistaken but that they also obscure the potentially radical political ramifications of postmodern interpretivism. Postmodern interpretivism does not lead to an infinite regress of interpretations that undermines …
The New Metaphysics: The Interpretive Turn In Jurisprudence, Stephen M. Feldman
The New Metaphysics: The Interpretive Turn In Jurisprudence, Stephen M. Feldman
Stephen M. Feldman
A debate between realists and antirealists has characterized western metaphysics. While metaphysical realists ground existence on an objective world, antirealists ground existence on a thinking subject and human culture. The argument in jurisprudence, as elsewhere, is that either we are capable of objective knowledge or we are doomed to free-floating subjectivism. We demand the impossible -- absolute objectivity -- to avoid the catastrophic -- unconstrained subjectivity. The interpretive turn attempts to move beyond this insoluble dilemma, the either/or of objectivity and subjectivity. Thus, in jurisprudence, the interpretive turn is well worth taking if only because it offers the possibility of …
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
Beau James Brock
This article pinpoints Justice Scalia's judicial methodology and contrasts it with the pragmatism of Justice Sandra Day O'Connor.
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman
Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman
Stephen M. Feldman
In 1942, Felix S. Cohen published the Handbook of Federal Indian Law, the first synthesis of that field. At that time, Cohen was renowned as a legal philosopher, a member of the American legal realist movement, and a leading advocate for Native Americans. The primary purpose of this Article is to relate Cohen's realist jurisprudence to the development of federal Indian law. The thesis is that Cohen's jurisprudence profoundly affected his writing of the Handbook, which, in turn, profoundly affected the development of contemporary federal Indian law. The United States Supreme Court has effectively adopted Cohen's realist method for resolving …