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Full-Text Articles in Law

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder Nov 1994

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder

Michigan Law Review

Property was dead, to begin with. The coroner, Wesley Newcomb Hohfeld, revealed that the unity, tangibility, and objectivity of property perceived by our ancestors was a phantom. Property is, in fact, merely a "bundle of sticks." When conceptualized as a collection of rights, property loses its distinctive qualities and its essence. It therefore does not, or at least should not, exist. Without unity and physicality, property loses its objectivity and can only be a myth. The rabble might still believe in the old gods of property, but the educated "specialists" now know that this was vulgar superstition. Once the populace …


A More Democratic Liberalism, Joshua Cohen May 1994

A More Democratic Liberalism, Joshua Cohen

Michigan Law Review

A Review of Political Liberalism


West On Story And Theory, L. H. Larue May 1994

West On Story And Theory, L. H. Larue

Michigan Law Review

A Review of Narrative, Authority, and Law by Robin West


The Anatomy Of Antiliberalism, Jeffrey R. Costello May 1994

The Anatomy Of Antiliberalism, Jeffrey R. Costello

Michigan Law Review

A Review of The Anatomy of Antiliberalism by Stephen Holmes


Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber May 1994

Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber

Michigan Law Review

A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick


Objectivity In Legal Judgement, Heidi Li Feldman Mar 1994

Objectivity In Legal Judgement, Heidi Li Feldman

Michigan Law Review

This essay unites the philosophical concern with blend concepts and the legal concern with objectivity. Comparing blend legal concepts with other kinds of blend concepts develops our resources for ascertaining the distinctive characteristics of blend concepts. Cultivating a more refined understanding of blend concepts sharpens our inquiry into objectivity. In Part I of this essay, I explicate the distinctive characteristics of blend concepts, demonstrating that some representative legal concepts, drawn from tort law, possess these characteristics. In Part II, I develop a conception of objectivity suitable for blend judgments - the blend conception of objectivity - and use this conception …


Transcendental Deconstruction, Transcendent Justice, J. M. Balkin Mar 1994

Transcendental Deconstruction, Transcendent Justice, J. M. Balkin

Michigan Law Review

A meaningful encounter between two parties does not change only the weaker or the stronger party, but both at once. We should expect the same from any encounter between deconstruction and justice. It might be tempting for advocates of deconstruction to hope that deconstruction would offer new insights into problems of justice, or, more boldly, to assert that "the question of justice" can never be the same after the assimilation of deconstructive insights. But, as a deconstructionist myself, I am naturally skeptical of all such blanket pronouncements, even - or perhaps especially - pronouncements about the necessary utility and goodness …


Review Of Political Discourse In Early Modern Britain, Donald J. Herzog Jan 1994

Review Of Political Discourse In Early Modern Britain, Donald J. Herzog

Reviews

This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox machines …


Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White Jan 1994

Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White

Articles

My talk today will consist primarily of the interpretation of one of the dialogues of Plato, called the Crito. It will not have very much about law in it, and you may well wonder why such a lecture is being given in a law school. Let me begin by saying a word or two in response to that sensible question, as a way of framing the reading that follows.


Imagining The Law, James Boyd White Jan 1994

Imagining The Law, James Boyd White

Book Chapters

My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …