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Full-Text Articles in Law
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck
Masters Theses
In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing …
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 …
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.