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Articles 1 - 8 of 8
Full-Text Articles in Law
The Separation Of Law And Morals, Noel Reynolds
The Separation Of Law And Morals, Noel Reynolds
Noel B Reynolds
The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.
Hume And His Critics--Reid And Kames, Noel B. Reynolds
Hume And His Critics--Reid And Kames, Noel B. Reynolds
Noel B Reynolds
This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.
Morality And The Rule Of Law, Noel Reynolds
Morality And The Rule Of Law, Noel Reynolds
Noel B Reynolds
This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.
Causal Apportionment: A Reply To The Critics, Mario Rizzo
Causal Apportionment: A Reply To The Critics, Mario Rizzo
Mario Rizzo
This article follows-up on the theory of apportionment by relative causal contribution developed in the Columbia Law Review. It is an answer to criticism by statisticians.
A Comparison Of Male-Female Hazard Rates Of Young Workers, 1968-1971, John Donohue
A Comparison Of Male-Female Hazard Rates Of Young Workers, 1968-1971, John Donohue
John Donohue
The perception that women have higher turnover rates than men is widespread. A recent study has argued, with a touch of sarcasm, that "[p]opular stereotypes, which economists refer to as 'stylized facts, I portray women as relatively poor bets as workers because they have ... higher quit rates than males. 1I Waite and Berryman [1985: 61]. Indeed, in a recent article on occupational segregation, Goldin takes this IIfact ll as the premise for her model, although in support of this position she cites only a 1920 study. Goldin [1985]. While this may well be adequate for Goldin's historical analysis, a …
Hazard Rates Of Young Male And Female Workers--Recent Developments (Working Paper #51), John Donohue
Hazard Rates Of Young Male And Female Workers--Recent Developments (Working Paper #51), John Donohue
John Donohue
This paper will explore whether this tenure differential has persisted after a decade in which the commitment of women to the paid workforce increased substantially. To answer this question, I began by examining the first full-time job for "recent school leavers" from the National Longitudinal Studies youth cohort over the four year period from 1979-1982.2 Tables 1 and 2 present summary statistics for the resulting male and female samples, in which full-time jobs are defined as having a usual workweek of 20 or more hours. The number of male and female workers included in the sample are quite close: 2305 …
Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim
Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim
Frank Pommersheim
No abstract provided.
Evidence, 1985-1986 Illinois Law Survey, Leonard Cavise, Scott C. Tomassi
Evidence, 1985-1986 Illinois Law Survey, Leonard Cavise, Scott C. Tomassi
Leonard Cavise
No abstract provided.