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Articles 1 - 8 of 8
Full-Text Articles in Law
Politically Correct Eugenics, Seema Mohapatra
Politically Correct Eugenics, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Faculty Scholarship
No abstract provided.
A Hedgehog's Unity Of Value, Joseph Raz
A Hedgehog's Unity Of Value, Joseph Raz
Faculty Scholarship
The paper examines various interpretations of Dworkin’s thesis of the Unity of Value, as expressed and defended in his book Justice for Hedgehogs. Dworkin’s arguments for various aspects of his unity of value thesis are relied on in interpreting the which is then compared with versions of value pluralism.
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Faculty Scholarship
Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …
Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski
Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski
Faculty Scholarship
The most striking development in the American tort law of the last century was the quick rise and fall of strict manufacturers’ liability for the huge social losses associated with the use of industrial products. The most important factor in this process has been the inability of the courts and academic commentators to develop a workable theory of design defects, resulting in a wholesale return of negligence as the basis of products liability jurisprudence. This article explains the reasons for this failure and argues that the development of digital technology, and the advent of self-driving cars in particular, is likely …
Value And The Weight Of Practical Reasons, Joseph Raz
Value And The Weight Of Practical Reasons, Joseph Raz
Faculty Scholarship
Assuming that the value of options (actions, activities, or omissions) constitutes the proximate reason for pursuing them, this chapter considers whether we have reason to promote or maximise value. A proper argument would require establishing a negative, but raising doubts is less demanding — explaining some aspects of the relation between values and reasons that enable us to dispense with the doubtful thesis by illustrating alternative relations between values and reasons. Theses that value should be promoted are accompanied by a way of determining the strength of reasons (the stronger reason promotes more value). This chapter develops theoretical doubts about …
The Guise Of The Bad, Joseph Raz
The Guise Of The Bad, Joseph Raz
Faculty Scholarship
My topic is the possibility of acting in the belief that the action is bad and for the reason that it is, as the agent believes, bad. On route, I examine another question – namely whether agents can, without having any relevant false beliefs, perform actions motivated by the badness of those actions. The main worry is the compatibility of action for the sake of the bad with the thesis of the Guise of the Good (roughly that actions undertaken with an intention to perform them are undertaken because they are, as the agents see things, good in some respects). …
Comments On The Morality Of Freedom, Joseph Raz
Comments On The Morality Of Freedom, Joseph Raz
Faculty Scholarship
The paper mixes comments on the ambitions that motivated writing The Morality of Freedom with observations on comments on the book, made at a conference in Jerusalem in 2016, by Japa Pallikkathayil, Avishai Margalit, Michael Otsuka, Jon Quong, Daniel Viehoff, Asaf Sharon and Arudra Burra. It acknowledges some of the critical points made while resisting others. Its strives to combine clarification of some of the themes in the book with recognition that its ideas require further development, and can be developed in various directions.