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Full-Text Articles in Law

In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton Oct 1992

In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton

Faculty Scholarship

This Article opens with a discussion of Thoreau's philosophy of civil disobedience and then examines the ideas of four modem legal philosophers, Joseph Raz, Kent Greenawalt, John Rawls, and Ronald Dworkin, on the subject. Next, the Article compares the respective thinking of all five men regarding the circumstances that would justify the use of civil disobedience. To facilitate the comparison as well as to make it more relevant to the reader, the Article examines five related contemporary illustrations involving situations in which the use of civil disobedience might arguably be morally justified. This Article concludes with some general thoughts on …


Self-Paternalism In The Marketplace, Bailey Kuklin Jan 1992

Self-Paternalism In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.


The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin Jan 1992

The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Contradiction And Revision: Progressive Feminist Legal Scholars Respond To Mary Joe Frug, Elizabeth M. Schneider, Judi Greenberg, Martha Minow Jan 1992

Contradiction And Revision: Progressive Feminist Legal Scholars Respond To Mary Joe Frug, Elizabeth M. Schneider, Judi Greenberg, Martha Minow

Faculty Scholarship

No abstract provided.


The Relevance Of Coherence, Joseph Raz Jan 1992

The Relevance Of Coherence, Joseph Raz

Faculty Scholarship

Coherence is in vogue. Coherence accounts of truth and of knowledge have been in contention for many years. Coherence explanations of morality and of law are a newer breed. I suspect that like so much else in practical philosophy today they owe much of their popularity to John Rawls. His writings on reflective equilibrium, while designed as part of a philosophical strategy which suspends inquiry into the fundamental questions of moral philosophy, had the opposite effect. They inspired much constructive reflection about these questions, largely veering toward coherence as the right interpretation both of reflective equilibrium and of moral philosophy. …