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Full-Text Articles in Law

Legal Theory And The Problem Of Definition, Philip E. Soper Jan 1983

Legal Theory And The Problem Of Definition, Philip E. Soper

Reviews

Natural Law and Natural Rights is a refreshingly direct book about some decidedly difficult matters. It is also a book that refuses to do homage to the complexity of its subject by limiting the topics covered. Here is virtually a mini-treatise in moral philosophy, with illuminating discussions on the whole range of human value and on a good part of the related range of metaethics, legal theory, political theory, and the problems of methodology in the descriptive social sciences.


Review Of Social Justice In The Liberal State, Donald H. Regan Jan 1983

Review Of Social Justice In The Liberal State, Donald H. Regan

Reviews

Bruce Ackerman's goal, in Social Justice in the Liberal State, is to provide a new foundation for liberal political theory. Ackerman is dissatisfied with both utilitarian and contractarian defenses of liberal political institutions. Indeed, he writes most persuasively when he is criticizing utilitarians and contractarians, though his criticisms are largely familiar.


Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall Jan 1983

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

All Faculty Scholarship

The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …


Federal Injunctions And The Public Interest, Gene R. Shreve Jan 1983

Federal Injunctions And The Public Interest, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Suicide And The Failure Of Modern Moral Theory, Donald H. Regan Jan 1983

Suicide And The Failure Of Modern Moral Theory, Donald H. Regan

Articles

The question I want to address is when and why suicide is morally wrong. There is something peculiar in my writing on this question at all. It will soon become apparent that although I think suicide involves genuine moral issues. I also think that the moral problem of suicide is a problem which most people answer correctly. That is, I think that in the vast majority of cases where people ought not to commit suicide, they do not. They are not even tempted. Conversely, most people who do commit suicide, or who want to, are either justified or at least …