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Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander
Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander
Richmond Public Interest Law Review
This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.
Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud
Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud
Richmond Public Interest Law Review
To understand a social system, it is important to have some knowledge of the structure and principles governing that system. The principles, when applied to the system, help in arriving at a better understanding of the underlying forces that operate dynamically to hold the system together. As the core values of a society change, the system must be able to adapt and reformulate its governing principles in order to compensate. When the system can no longer adapt to change and progress, it cries out for replacement. In light of the foregoing, this article further seeks to examine the universal principles …
Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber
Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber
Richmond Public Interest Law Review
In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …