Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Articles & Book Chapters
According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this Essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. However, the Essay also shows that the idea is improperly attributed to the legal realists, as there are many references …
On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White
On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White
Articles & Book Chapters
Legal doctrine regularly requires judges to both understand and use emotions in different ways. This chapter explores the role of emotions in fixing and sustaining judicial attention on the impact of a law on the constitutional rights of an individual or group. That certain forms of wrong or harm, including forms of political and social exclusion, are difficult to detect in the absence of focused attention is, I think, what Elizabeth Bishop’s poem ‘Man-Moth’, excerpted here in epigraph, intends to express. This chapter explores the role of emotions in setting up the serious, sustained inquiry into the impact of a …
Two Theologies Of Chosenness, Benjamin Berger
Two Theologies Of Chosenness, Benjamin Berger
Articles & Book Chapters
What must we explain if we are seeking to understand the theologies of US exceptionalism?
One answer is that our burden is to explain the particular. Here, the appropriate move is to examine the unique histories and imaginative formations of religious, legal, and political life in the United States. We might look to the unique religious history of the early colonies, to the distinctive role that “Church” plays in US constitutional life, or to the tethering of the market, politics, and religion that has a particular shape and force in US political and legal life. With this move, one is …
The Radical Philosophy Of Rights By Costas Douzinas (London: Routledge, 2019, 246 Pp., £34.99), Allan C. Hutchinson
The Radical Philosophy Of Rights By Costas Douzinas (London: Routledge, 2019, 246 Pp., £34.99), Allan C. Hutchinson
Articles & Book Chapters
No abstract provided.