Law Commons^™

The First Stone Of The Death Penalty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Our Natural Selves, Kenneth Anderson

Book Reviews

(Review of Luc Ferry, the New Ecological Order, and Michael Zimmerman, Contesting Earth's Future: Radical Ecology and Postmodernity)This 1995 Times Literary Supplement essay examines two books on the underlying philosophies of the ecology and environmentalism movements. The first, by Sorbonne professor and lately French Minister of Culture Luc Ferry, offers a critique of ecological philosophies that seek to de-privilege humanity in favor of a larger conception of nature. Ferry writes in a breezy, witty style which has at its aim reasserting liberal humanism and its human-centered ethic as against any ethic that treats human beings as merely species or merely …

The Magi Of The Great Salt Lake, Kenneth Anderson

Book Reviews

This 1995 Times Literary Supplement (London) review examines John L. Brooke's impressive The Refiner's Fire: The Making of Mormon Cosmology 1644-1844. Brooke argues against long prevailing scholarship that, on the one hand, views Mormon theology as genuinely American and, on the other hand, understands it purely functionally - without regard for its theological content, but instead as a function of social pressures on impoverished populations in upstate New York from whence came Joseph Smith. The former view is incorrect, Brooke says, because the roots of Mormon theology lie in Europe in gnostic and splinters of the "radical reformation" that lay …

Cruelly Unusual, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog

Reviews

The flood of literature sometimes derisively referred to as the Rawls/Nozick industry shows no signs of slowing. David Johnston enters the lists to champion an unabashedly cosmopolitan view-humanist liberalism-that focuses on promoting human agency for any and all people in any and all societies. He concedes that he has in place only a rudimentary sketch.

Rejecting The Fruits Of Action: The Regeneration Of The Waste Land’S Legal System, Phillip J. Closius

All Faculty Scholarship

In his greatest work, The Waste Land, T. S. Eliot presents a picture of twentieth century Western civilization as a culture which has lost its essential values and has come undone from its historical moorings. Material wealth has become the focal point of society and its inhabitants. In such a value distorted context, human relationships are devoid of meaning. Honest communication and a meaningful life for the soul and intellect are lost in a dehumanizing daily grind. Religious, communal, and even familial values are subverted to a culturally encouraged drive for personal gain. In this respect, modern Western civilization in …

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green

Faculty Publications

No abstract provided.

Making Motions: The Embodiment Of Law In Gestures, Bernard J. Hibbitts

Articles

In contemporary America, the locus of legal meaning is habitually deemed to be the written word. This article pushes our conception of law’s “text” beyond its traditional inscripted bounds by focusing on physical gesture as a legal instrumentality. The few studies of legal gesture undertaken to date have explained its prominence in various legal systems and cultural environments, the significance of specific legal gestures in specific historic contexts, and the depiction of legal gestures in particular manuscripts or other specific physical settings, but no one has considered the general functions of legal gesture as a modality.

In an effort to …

Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager

Faculty Scholarship

No abstract provided.

Inviolability And Privacy: The Castle, The Sanctuary, And The Body, Linda C. Mcclain

Faculty Scholarship

This article explores the idea and imagery of inviolability. I use a trilogy of terms-the castle, the sanctuary, and the body-to illuminate different loci of inviolability and to show how notions of sacredness and sanctity undergird the legal protection of inviolability. These images, familiar from privacy jurisprudence, provide a useful lens through which to examine the association between inviolability and gender. Familiar feminist critiques suggest that concepts such as privacy have served to deny, rather than to secure, inviolability for women and women's bodies. I explore the interplay of inviolability and privacy in some prominent feminist accounts of sexuality, and …

The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli

Scholarly Works

No abstract provided.

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

All Faculty Scholarship

This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …

Rights And Politics, Joseph Raz

Faculty Scholarship

It is an honour to join you today in celebrating Professor Jerome Hall. Professor Hall's work was ahead of its time. I did not know him, but his independence of mind and his spirited devotion to scholarship were striking in all I heard and read. Professor Hall's fame was at its height when I was beginning my research into the philosophy of law. And his name stood out as among the most distinguished American jurisprudential scholars. It stood out for his good sense, balanced judgment, and strong-minded convictions. His Foundations of Jurisprudence is thoroughly resistant to fashion. It is an …