Law Commons^™

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …

The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall

Faculty Publications

No abstract provided.

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Publications

No abstract provided.

Hegel And The Dialectics Of Contract, Michel Rosenfeld

Articles

No abstract provided.

Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich

Articles

No abstract provided.

Contradiction And Denial, Pierre Schlag

Publications

No abstract provided.

Hegel's Legal Plenum, Arthur J. Jacobson

Articles

No abstract provided.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …

The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice

Journal Articles

The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

Articles

No abstract provided.

Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein

Articles

No abstract provided.