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Full-Text Articles in Law
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
St. Mary's Law Journal
Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …
The Future Of Aztec Law, Jerome A. Offner
The Future Of Aztec Law, Jerome A. Offner
The Medieval Globe
This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.
Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn
Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn
The Medieval Globe
This introduction presents and draws together the articles and themes featured in this special issue of The Medieval Globe, “Legal Worlds and Legal Encounters.”
Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner
Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner
The Medieval Globe
This essay examines the similarities and differences between legal and other precepts outlining corporal punishment in ancient and medieval Indian and early medieval European laws. Responding to Susan Reynolds’s call for such comparisons, it begins by outlining the challenges in doing so. Primarily, the fragmented political landscape of both regions, where multiple rulers and spheres of authority existed side-by-side, make a direct comparison complex. Moreover, the time slippage between what scholarship understands to be the “early medieval” period in each region needs to be taken into account, particularly given the persistence of some provisions and the adapatation or abandonment of …
The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner
The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner
Cardozo Law Review
No abstract provided.
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Law, Morality, And Autopoiesis In Niklas Luhmann: Comment On Drucilla Cornell’S Time, Deconstruction, And The Challenge To Legal Positivism: The Call For Judicial Responsibility, Charles Larmore
Cardozo Law Review
No abstract provided.
Law And Right, William J. Richardson
The Breath Of Life In The Law, David E. Van Zandt
The Breath Of Life In The Law, David E. Van Zandt
Cardozo Law Review
No abstract provided.
On The Critical Tribunal, Stephen Watson
Professor Brudner's Crisis, Ernest J. Weinrib
Professor Brudner's Crisis, Ernest J. Weinrib
Cardozo Law Review
No abstract provided.
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Cleveland State Law Review
My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …
Hegel And Employment At Will: A Comment, Richard A. Posner
Hegel And Employment At Will: A Comment, Richard A. Posner
Cardozo Law Review
No abstract provided.
Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell
Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell
Cardozo Law Review
No abstract provided.
Hegel: A User's Manual, Richard Hyland
Hegel's Analysis Of Property In The Philosophy Of Right, Peter G. Stillman
Hegel's Analysis Of Property In The Philosophy Of Right, Peter G. Stillman
Cardozo Law Review
No abstract provided.
Contract And Hegel's Account Of Abstract Right: Some Brief Comments, John Stick
Contract And Hegel's Account Of Abstract Right: Some Brief Comments, John Stick
Cardozo Law Review
No abstract provided.
Rethinking The Hegilian State, Fred Dallmayr
A Reconstruction Of Hegel's Theory Of Civil Society, Andrew Arato
A Reconstruction Of Hegel's Theory Of Civil Society, Andrew Arato
Cardozo Law Review
No abstract provided.
Hegel's Answers To Questions We Know Not How To Ask, J. David Bleich
Hegel's Answers To Questions We Know Not How To Ask, J. David Bleich
Cardozo Law Review
No abstract provided.
Introduction, Michael A. Simon
A Comment On "Hegel's Legal Plenum", Agnes Heller
A Comment On "Hegel's Legal Plenum", Agnes Heller
Cardozo Law Review
No abstract provided.
Hegel And The Dialectics Of Contract, Michel Rosenfeld
Hegel And The Dialectics Of Contract, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Ideas Of Relevance To Law, Mortimer J. Adler
Ideas Of Relevance To Law, Mortimer J. Adler
West Virginia Law Review
No abstract provided.
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
West Virginia Law Review
No abstract provided.
Plato's Legal Philosophy, Jerome Hall
Legal Philosophy From Plato To Hegel, By Huntington Cairns, Jerome Frank
Legal Philosophy From Plato To Hegel, By Huntington Cairns, Jerome Frank
Indiana Law Journal
No abstract provided.