Law Commons^™

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.

Do You Sincerely Want To Be Radical, Phillip Johnson

Phillip Johnson

No abstract provided.

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.

La Necesidad De Una Metafísica Realista, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Decoding "Never Again", Sherry F. Colb

Sherry Colb

This article, Decoding “Never Again,” narrates its author’s experience as a child of two Holocaust survivors, one of whom participated in rescuing thousands of his fellow Jews during the war. Colb meditates on this legacy and concludes that her understanding of it has played an important role in inspiring her scholarship about (and ethical commitment to) animal rights. She examines and analyzes the ways in which analogies between the Holocaust and anything else can trigger people’s anger and offense, and she then draws a distinction between occasions when offense is an appropriate response to such analogies and when it need …

Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton

Timothy D. Lytton

This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …

Translation, Power Hierarchy, And The Globalization Of The Concept “Human Rights”: Potential Contributions From Confucianism Missed By The Udhr, Sinkwan Cheng

Sinkwan Cheng

This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human …

Ambedkar And Constituent Assembly, Vivek Kumar Srivastava Dr.

Vivek Kumar Srivastava Dr.

Ambedkar was instrumental in drafting of India constitution but he had his own vision for the constitution.

Liberdade De Expressão, Liberdade De Ofender, Antonio Pele

Antonio Pele

No abstract provided.

Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis

Nathan M. Nobis, PhD

Carl Cohen’s arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one’s peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations …

Deception In Morality And Law, Larry Alexander, Emily Sherwin

Emily L Sherwin

No abstract provided.

Desert, Responsibility, And Justification, Manuel R. Vargas

Manuel Vargas

The idea of moral responsibility is central to a wide range of our moral, social, and legal practices. It underpins our basic notion of culpability. Yet the idea of moral responsibility is regarded with considerable skepticism by researchers and scholars in psychology, neuroscience, philosophy, and the law. So, it is a social practice in want of justification.

This article defends the picture of moral responsibility first presented in BUILDING BETTER BEINGS: A THEORY OF MORAL RESPONSIBILITY (Oxford University Press, 2013). On that account, the normative basis for moral responsibility depends on the effects that participation in the practice has upon …

Inciting Genocide With Words, Richard Ashby Wilson

Richard Ashby Wilson

This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has thus …

Virtue Ethics, Rule Of Law, And Self-Restriction, Stephen C. Angle

Stephen C. Angle