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Philosophy

Selected Works

Legal Theory

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Full-Text Articles in Law

Citizen Responsibility And The Reactive Attitudes, Amy Sepinwall Dec 2010

Citizen Responsibility And The Reactive Attitudes, Amy Sepinwall

Amy J. Sepinwall

This paper takes seriously the notion that individuals may bear responsibility for the transgressions of their group even where they do not bear the hallmarks of individual culpability. More specifically, I contend that citizenship itself can ground responsibility for the crimes of one’s nation-state, and I advance this contention in the context of a discussion about Americans’ responsibility for abuses committed in the course of the war in Iraq.

Moreover, the kind of responsibility I have in mind is not simply the forward-looking variety, which is what many forms of civil liability and reparations programs contemplate; nor is it simply …


Zizek/Questions/Failing, Nick J. Sciullo Dec 2010

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …


The Myth Of Retributive Justice, Brian Slattery Dec 1991

The Myth Of Retributive Justice, Brian Slattery

Brian Slattery

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …


Rights, Communities, And Tradition, Brian Slattery Dec 1990

Rights, Communities, And Tradition, Brian Slattery

Brian Slattery

This paper argues that there is a close connection between basic human rights and communal bonds.  It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.