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Full-Text Articles in Law
"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan
"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan
Law Faculty Scholarly Articles
We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.
The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …
God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan
God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan
Law Faculty Scholarly Articles
This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.
It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …