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Articles 1 - 30 of 39
Full-Text Articles in Law
Filosofía De La Responsabilidad Extracontractual: Un Llamado Al Debate, Jorge Luis Fabra
Filosofía De La Responsabilidad Extracontractual: Un Llamado Al Debate, Jorge Luis Fabra
Jorge Luis Fabra Zamora
Recientemente se ha comenzado a hablar con fuerza de la “filosofía de la responsabilidad extracontractual” en Latinoamérica. La publicación de varias compilaciones de artículos, la traducción de uno de los textos fundacionales del área, y la publicación del primer libro con una contribución original al debate en español han hecho que este estudio filosófico se consolide un cuerpo académico por mérito propio. Sin embargo, a pesar de estos logros, la idea de una “filosofía de la responsabilidad extracontractual” puede sonar extraña al jurista práctico. Como señala Zipursky, desde la perspectiva de los jueces o abogados, la responsabilidad extracontractual –que se …
Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner
Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
Of the 831 unique words in the Philadelphia Constitution, what were the most frequently used words? The least? OCL lists all unique words in rank order with and without frequencies, accounting for the word total of 4,321 words in the Philadelphia Constitution.
The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner
The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner
Peter J. Aschenbrenner
There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure, Our Constitutional Logic paraphrases the immediate cause of the Civil War, with citation to Dred Scott’s case at 60 U.S. 393, 446 (1857). That, however, is not the only defect in the purchase of Alaska from the Czar of the Russias. Our Constitutional Logic investigates the non-Euclidean geometry pertinent to the treaty’s boundaries such as they might appear on the sphere near you.
Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner
Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner
Peter J. Aschenbrenner
The employment of earthworks and breastworks in defense of dense communities is considered in light of the advice of Baron Henri de Jomini which the Secretary of Defense transmitted before Madison appointed. Because the Secretary failed to follow the Baron’s advice – which the Secretary had transmitted into print culture as Hints to Young Generals – Madison sacked him after the battle of Bladensburg.
The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao
The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao
Anne T Gallagher
Critique of the Global Slavery Index. For published version see http://www.theguardian.com/global-development/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher
Ages Of The Delegates At The Federal Convention: Early Birds And Worms?, Peter Aschenbrenner
Ages Of The Delegates At The Federal Convention: Early Birds And Worms?, Peter Aschenbrenner
Peter J. Aschenbrenner
Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.
Initial Federal Offices Created/Contemplated By The Philadelphia Constitution, Peter Aschenbrenner
Initial Federal Offices Created/Contemplated By The Philadelphia Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
Whether commands, permission, or prohibitions are trafficked, this three-way division credited to Jeremy Bentham, spatial logic dictates that for every office there must be, sooner or later, an office holder. The one hundred and seven offices created or contemplated by the Philadelphia Constitution are surveyed.
Table Annexed To Article: Unique Words In Constitutions I And Ii Surveyed, Peter Aschenbrenner
Table Annexed To Article: Unique Words In Constitutions I And Ii Surveyed, Peter Aschenbrenner
Peter J. Aschenbrenner
Constitution I and Constitution II are surveyed with all words treated as appearing only once; that is, appearing uniquely. The texture of the two constitutions is presented with comparative lists of the 775 unique words of Constitution I with the 831 unique words of Constitution II; the 406 unique words of Constitution II which appear in Constitution I are calendared.
The Triumph Of The Hindu Right, Ananya Vajpeyi
The Reannexation Of Alaska, By Russia, Reconsidered, Peter Aschenbrenner
The Reannexation Of Alaska, By Russia, Reconsidered, Peter Aschenbrenner
Peter J. Aschenbrenner
Each house district shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socio-economic area, in paraphrase, the Alaska Constitution (Article VI) enjoins. However, when the current potentate of all that is Russia considers reannexation of all that is Alaska, the results must be calendared accordingly to their respective merits.
The Problem Of Sovereignty, International Law, And Intellectual Conscience, Richard L. Lara
The Problem Of Sovereignty, International Law, And Intellectual Conscience, Richard L. Lara
Richard Louis Lara
The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from …
The Tension Between Normativity And Plurality In Religious Dogmas And In Constitutional Principles, Vinicius Pintas Marinho
The Tension Between Normativity And Plurality In Religious Dogmas And In Constitutional Principles, Vinicius Pintas Marinho
Vinicius Pintas Marinho
This essay briefly analyzes whether the tension between normativity and plurality in religious dogmas may shed a light in the similar tension also found in the dynamics of constitutional principles. The application of Gadamer’s hermeneutical theory to a transcendental theological framework is placed into conversation with Dworkin’s integrity of the law. This is undertaken through a comparison between the dynamics of conversation for religious dogmas as symbols of a tradition and the function of constitutional principles in the context of Ronald Dworkin’s theory of law as integrity.
Key Change: The Role Of The Creative Industries In Climate Change Action, Tim Hollo
Key Change: The Role Of The Creative Industries In Climate Change Action, Tim Hollo
Matthew Rimmer
The role of the creative industries – arts and artists – in helping to drive the changes in laws and behaviours that are necessary to tackle climate change, while not superficially obvious, is a deep one. Arts and artists of all kinds, as cultural practitioners, have been closely entwined with social change and social control since time immemorial, in large part because they help shape our understanding of the world, framing ideas, prefiguring change, and opening hearts and minds to new ways of thinking. They have played a major role in campaigns for law reform on many issues, and climate …
Table Annexed To Article: Madison's Apology For The Fall Of Washington In Mr Text, Peter Aschenbrenner
Table Annexed To Article: Madison's Apology For The Fall Of Washington In Mr Text, Peter Aschenbrenner
Peter J. Aschenbrenner
As for his explanation for his failed leadership in support of regular and militia forces at Bladensburg, Madison held his fire during his lifetime; posthumous publication of important and highly nuanced writings – amounting to his apology to the nation for his failures – were finally acquired by Congress and published in 1865 (the Lippincott edition). Of four groupings of documents his Memorandum, dated August 24, 1814 and his Memorandum, referencing August 29, 1814, both written long afterwards are presented in MR text format by Our Constitutional Logic.
Table Annexed To Article: The Art Of War By Baron Henri De Jomini In Mr Text, Peter Aschenbrenner
Table Annexed To Article: The Art Of War By Baron Henri De Jomini In Mr Text, Peter Aschenbrenner
Peter J. Aschenbrenner
The Baron Henri de Jomini’s Grand Tactique, first published in France (1805), went through a number of different editions and appeared under different titles and in different series throughout the first half of the Nineteenth Century. Although a reduction/translation of the work appears as John Armstrong’s Hints to Young Generals, which Our Constitutional Logic has published (for the first time) in MR text at 2 OCL 651, Jomini’s Grand Tactique was not faithfully rendered into English until 1862 (with a follow on printing in 1865) by Capt. G.H. Mendell and Lt. W.P. Craighill. Since OCL has compared this edition with …
Madison’S Semantic Purity Project And Its Sisters, Peter Aschenbrenner
Madison’S Semantic Purity Project And Its Sisters, Peter Aschenbrenner
Peter J. Aschenbrenner
Madison’s semantic purity project foundered on a reef of Hamiltonian dimensions; its lack of success should intensify our interest in all of its programmatic aspects. This broader view is provided by treating two of JM’s projects – named as Madison’s Ratifications: Exploiting Ratification Debates and Madison’s Taxonomy: Fifteen Methods of Constitutional Reasoning – as co-equal to Madison’s Semantic Purity: Procedures at Risk. The article follows on The Doctrine of Semantic Purity: Madison’s Project (and its Difficulties) Introduced, 2 OCL 798
Table Annexed To Article: Bentham’S 1789 Footnote To The Introduction To The Principles Of Morals And Legisation [Revised Edition, 1789], Peter Aschenbrenner
Table Annexed To Article: Bentham’S 1789 Footnote To The Introduction To The Principles Of Morals And Legisation [Revised Edition, 1789], Peter Aschenbrenner
Peter J. Aschenbrenner
In the 1789 (revised edition) of Jeremy Bentham’s The Introduction to the Principles of Morals and Legislation, Bentham appended a footnote of 4,089 words. First, Our Constitutional Logic leaves various identifiable exceptions to one side. Second, Bentham’s sentences may be taken in natural or semi-regimented style. All laws may be divided into three types: commands, prohibitions and permissions. Leaving to one side Bentham’s wheelbarrow of neologisms, ‘Bentham’s Sieve’ receives its due attention.
Table Annexed To Article: Using A Control Group To Measure Words Of Science In Selected Works: An Introduction To Scoring Word Frequencies, Peter Aschenbrenner
Table Annexed To Article: Using A Control Group To Measure Words Of Science In Selected Works: An Introduction To Scoring Word Frequencies, Peter Aschenbrenner
Peter J. Aschenbrenner
OCL selected fourteen words in a ‘words of science’ family: system, science, math, arithmetic, geometry, abstract, logic, theory, paradox, fallacy, hypothesis, experiment, symmetry, calculus. The words were tested against four target files and a control file. The latter was a basket of five literary works by British authors. The four target files were: Blackstone’s Commentaries, Bentham’s Fragment on Government, the Federalist essays and twenty prefaces to congressionally sponsored multi-volume works with publication dates 1815-1861.
Table Annexed To Article: Machine Readable Text: A Working List Of Texts Posted On Line, Peter Aschenbrenner
Table Annexed To Article: Machine Readable Text: A Working List Of Texts Posted On Line, Peter Aschenbrenner
Peter J. Aschenbrenner
A working list of all machine readable texts which Our Constitutional Logic has published to date (or which are in progress) is supplied.
The Great Divorce I: Was Wm. Blackstone’S Investigation Of ‘Thirty-Five’ Gradual Improvements (In The Final Chapter Of The Commentaries) A Scientific Enterprise?, Peter Aschenbrenner
The Great Divorce I: Was Wm. Blackstone’S Investigation Of ‘Thirty-Five’ Gradual Improvements (In The Final Chapter Of The Commentaries) A Scientific Enterprise?, Peter Aschenbrenner
Peter J. Aschenbrenner
1763 is a convenient point to mark both the conclusion of the Third Silesian War and The Great Divorce, by which the men and women of hard science and the practitioners of law, history, political science and philosophy went their separate ways. As befits nastiness in human affairs, a custody battle diposed maths (including the mature calculus and the nascent statistics) to hard sciences, principally, physics, astronomy, chemistry and biology. Disconsolate, the practitioners of the polysciences struggled forward, suffering further revolutions at the end of the Nineteenth Century. Turf wars in academia were not new, as of the Treaty of …
Table Annexed To Article: Mr Text Of Prefaces To Histories Appearing In Twenty-Eight Congressionally Sponsored Multi-Volume Works With Publication Dates 1815-1861, Peter Aschenbrenner
Table Annexed To Article: Mr Text Of Prefaces To Histories Appearing In Twenty-Eight Congressionally Sponsored Multi-Volume Works With Publication Dates 1815-1861, Peter Aschenbrenner
Peter J. Aschenbrenner
To introduce the first volume of each of the multi-volume works of the twenty-eight Congressionally sponsored multi-volume documentary histories, compilations, recreated debates and similar works the respective authors created 20 different instances of prefatory material, with a total of 122 pages in 42,276 words. These have been keyed into machine readable format and are available for word counts and surveys of frequencies.
Table Annexed To Article: Speeches And Essays Concerning The Neutrality Proclamations Debates, Peter Aschenbrenner
Table Annexed To Article: Speeches And Essays Concerning The Neutrality Proclamations Debates, Peter Aschenbrenner
Peter J. Aschenbrenner
In 1793 Alexander Hamilton and James Madison crafted sixteen essays, public and private letters addressing Washington’s Neutrality Proclamation of April 22, 1793. The pertinent text of the proclamation reads: ‘Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands of the one part and France on the other, and the duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers: I have therefore thought fit by these presents to declare the disposition of …
The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells
The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells
Ron D. Katznelson
The prevailing historical accounts of the formation of the U.S. aircraft “patent pool” in 1917 assume the U.S. Government necessarily intervened to alleviate a patent hold-up among private aircraft manufacturers. We show these accounts to be inconsistent with the historical facts. We show that despite the existence of basic aircraft patents, aircraft manufacturers faced no patent barriers in the market dominated by Government demand. We show that the notion of the aircraft patent hold-up is a myth created by Government officials and used to persuade Congress to authorize eminent domain condemnation of basic aircraft patents. Government officials used the threat …
No More Shame! Defeating The New Jim Crow With Antilynching Activism's Best Tools, Koritha Mitchell
No More Shame! Defeating The New Jim Crow With Antilynching Activism's Best Tools, Koritha Mitchell
Koritha Mitchell
This essay identifies similarities between racial violence of an earlier time period, lynching, and its most efficient form today, mass incarceration, suggesting that today’s racial violence be met with tools used by previous generations. I call for a critical demeanor of shamelessness that allows targeted communities and their allies to avoid taking on the shame that mainstream discourse encourages them to accept. People of color are incarcerated in staggering numbers, but not because they are disproportionately guilty of violent or even nonviolent crimes. Given the extreme racial disparities, being caught by the nation’s criminal (in)justice system is simply not a …
Table Annexed To Article: Multi-Volume Documentary Histories, Compilations, Recreated Debates And Similar Works, 1815-1861: Title Page From Each Work (In Recreation Text Format), Peter Aschenbrenner
Table Annexed To Article: Multi-Volume Documentary Histories, Compilations, Recreated Debates And Similar Works, 1815-1861: Title Page From Each Work (In Recreation Text Format), Peter Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic has extracted, in recreation text, the title pages (one page per work) from each of the multi-volume works surveyed. The qualifications for listing are that the works must be: (a) multi-volume, (b) federally sponsored, (c) first sent to press between 1815 and 1861 [with the exception for The Serial Set as noted] , (d) in English. In addition, the subject must be historical or form the basis of historical study in any broadly conceived sense.
Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner
Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner
Peter J. Aschenbrenner
Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).
Aaron Swartz’S Legacy, Rebecca Gould
Aaron Swartz’S Legacy, Rebecca Gould
Rebecca Gould
“Aaron Swartz’s Legacy,” Academe: Magazine of the American Association of University Professors 95(1): 19-23. Special issue on the “New Public Intellectual.” http://www.aaup.org/article/aaron-swartz%E2%80%99s-legacy#.UtZGm2RDtmk
« Le Droit À La Protection De La Vie Privée Comme Droit À Un Avenir Non Pré-Occupé, Et Comme Condition De Survenance Du Commun. » (Draft / Version Provisoire), Antoinette Rouvroy
« Le Droit À La Protection De La Vie Privée Comme Droit À Un Avenir Non Pré-Occupé, Et Comme Condition De Survenance Du Commun. » (Draft / Version Provisoire), Antoinette Rouvroy
Antoinette Rouvroy
No abstract provided.
The Origins And Meaning Of “Vacancies That May Happen During The Recess” In The Constitution’S Recess Appointments Clause, Robert G. Natelson
The Origins And Meaning Of “Vacancies That May Happen During The Recess” In The Constitution’S Recess Appointments Clause, Robert G. Natelson
Robert G. Natelson
There has been longstanding uncertainty about the meaning of “the Recess” and “Vacancies that may happen” in the Constitution’s Recess Appointments Clause. This Article finds that both “the Recess” and close variants of “Vacancies that may happen” were standard terms in Founding-Era legislative practice, and appear copiously in legislative records. Those records inform us that “the Recess” means only the intersession recess and that a vacancy “happens” only when it first arises.
Legitimation, Mark C. Modak-Truran
Legitimation, Mark C. Modak-Truran
Mark C Modak-Truran
This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …