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Articles 1 - 30 of 168
Full-Text Articles in Law
Defending The First Premise: Why Prenatal Life Is Not The Exception, Jessica Buchanan
Defending The First Premise: Why Prenatal Life Is Not The Exception, Jessica Buchanan
Senior Honors Theses
This thesis frames the abortion debate by dividing the pro-life position into two premises: that the government must protect human beings’ right to life, and that an unborn human organism is a human being. It briefly describes the proposition that the unborn are moral persons. It then proceeds to examine philosophical, legal, and practical objections to the first premise, concluding that if the unborn are established as human beings, the government must uphold their right to life. While this thesis is intended to argue in favor of restricting elective abortion, it does not put forth an opinion on what should …
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Touro Law Review
Through his landmark exploration of obligation as the conceptual touchstone of what he describes as the “Jewish jurisprudence of the social order,” Robert Cover offered an alternate language for legal regimes grounded in a rhetoric of individual rights. The present essay revisits Cover’s account of the socially embedded nature of law and juridical process, taking seriously both its claims, as well as the cautions of its critics. The essay thus neither abandons the concept of rights as key to jurisprudence nor seeks to present a naïve or romantic characterization of Jewish legal thought, and proceeds wary of the pitfalls inherent …
July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz
July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Greatest Column Ross Douthat Ever Wrote“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 7, 2020: Latitia James's Tyranny, Bruce Ledewitz
August 7, 2020: Latitia James's Tyranny, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Latitia James's Tyranny“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 26, 2020: No Federal Police Power, Bruce Ledewitz
July 26, 2020: No Federal Police Power, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Federal Police Power“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz
May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz
Hallowed Secularism
Blog post, “Preparing the Ground to Overrule Roe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
Articles
International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …
Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed
Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed
Biennial Conference: The Social Practice of Human Rights
Human rights discourses are deeply embedded in an epistemic anthropocentricism that centers the human in human rights. However, conceptions of what constitutes the human are being eroded through the development of artificial intelligence, bio-hacking and transhumanism, all of which, support the emergence of new kinds of humans.These emergent humans include the enhanced human who possesses abilities that compel us to reconsider the parameters of humanness, as well as computer systems that demonstrate characteristics thought of as uniquely human. The blurring of the divide between human and machine therefore compels us to reconsider our understanding of the human in human rights, …
Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed
Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed
Biennial Conference: The Social Practice of Human Rights
Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.
February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz
February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz
Hallowed Secularism
Blog post, “John Yoo, War Criminal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 10, 2019: This Political Moment, Bruce Ledewitz
February 10, 2019: This Political Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “This Political Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Right To Privacy, A Complicated Concept To Review, Ali Alibeigi, Abu Bakar Munir, Md Ershadul Karim
Right To Privacy, A Complicated Concept To Review, Ali Alibeigi, Abu Bakar Munir, Md Ershadul Karim
Library Philosophy and Practice (e-journal)
The Concept and definition of the privacy has been changed during the time affecting by different factors. At the same time, the boundaries of privacy may differ from one place to another affecting by the culture, religion, etc. Nonetheless, there is not a unique general accepted definition for the privacy. Privacy has been considered from different disciplines like sociology, psychology, law and philosophy. It is a multidisciplinary domain, having an easy concept but difficult to define. However, by reviewing all different viewpoints, it can be concluded that privacy is an individual tendency, wish and natural need to be away from …
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shootings in Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
Hallowed Secularism
Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 27, 2018: Abortion And Climate Change, Bruce Ledewitz
September 27, 2018: Abortion And Climate Change, Bruce Ledewitz
Hallowed Secularism
Blog post, “Abortion and Climate Change“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 18, 2018: The Kavanaugh Story, Bruce Ledewitz
September 18, 2018: The Kavanaugh Story, Bruce Ledewitz
Hallowed Secularism
Blog post, “ The Kavanaugh Story“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Coming Desperate Struggle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz
August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Catholic Church Child Abuse Scandal Comes Out“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 24, 2018: But Why Do Immigrants Vote Democratic?, Bruce Ledewitz
July 24, 2018: But Why Do Immigrants Vote Democratic?, Bruce Ledewitz
Hallowed Secularism
Blog post, “But Why Do Immigrants Vote Democratic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz
July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz
Hallowed Secularism
Blog post, “Can We Agree that not Everything Unions Do is Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz
June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz
Hallowed Secularism
Blog post, “Liberal Inconsistency and Arrogance“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz
June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 20, 2018: Acts Of Legislative Hatred, Bruce Ledewitz
April 20, 2018: Acts Of Legislative Hatred, Bruce Ledewitz
Hallowed Secularism
Blog post, “Acts of Legislative Hatred“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 28, 2018: Is Donald Trump The Antichrist?, Bruce Ledewitz
March 28, 2018: Is Donald Trump The Antichrist?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Donald Trump the Antichrist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
Joseph Isanga
Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such conditions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such conflicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ambivalent character …
March 4, 2018: Privatizing Government Policy, Bruce Ledewitz
March 4, 2018: Privatizing Government Policy, Bruce Ledewitz
Hallowed Secularism
Blog post, “Privatizing Government Policy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 17, 2018: Nihilism, Opioid Epidemics And School Shootings, Bruce Ledewitz
February 17, 2018: Nihilism, Opioid Epidemics And School Shootings, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Nihilism, Opioid Epidemics and School Shootings“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
R2h And The Prospects For Peace: An Essay On Sovereign Responsibilities, David Luban
R2h And The Prospects For Peace: An Essay On Sovereign Responsibilities, David Luban
Georgetown Law Faculty Publications and Other Works
This essay examines novel threats to peace – social and political threats as well as military and technological. It worries that familiar conceptions of state sovereignty cannot sustain a legal order capable of meeting those threats, not even if we understand sovereignty as responsibility to protect human rights. The essay tentatively proposes that recent efforts to reformulate state sovereignty as responsibility to humanity – ‘R2H’ for short – offer a better hope. Under this reformulation, states must take into account the interests of those outside their sovereign territory as well as those of the of their own people – in …