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Articles 1 - 17 of 17
Full-Text Articles in Law
Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus
Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus
Articles
In Is Originalism Our Law?, William Baude has made a good kind of argument in favor of originalism. Rather than contending that originalism is the only coherent theory for interpreting a constitution, he makes the more modest claim that it happens to be the way that American judges interpret our Constitution. If he is right—if originalism is our law—then judges deciding constitutional cases ought to be originalists. But what exactly would the content of that obligation be? Calling some interpretive method “our law” might suggest that judges have an obligation to decide cases by reference to that method. But the …
Renegotiating The Social Contract, Jennifer S. Hendricks
Renegotiating The Social Contract, Jennifer S. Hendricks
Michigan Law Review
Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option"-not to mention a single-payer system-was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive. In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of …
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
Linking The Visions, Donald J. Herzog
Linking The Visions, Donald J. Herzog
Other Publications
Professor Donald Herzog talks about his teaching and work.
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Reviews
In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …
The Anatomy Of Antiliberalism, Jeffrey R. Costello
The Anatomy Of Antiliberalism, Jeffrey R. Costello
Michigan Law Review
A Review of The Anatomy of Antiliberalism by Stephen Holmes
The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld
The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld
Michigan Law Review
A Review of The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory by Martin H. Redish
Looking At Our Language: Glendon On Rights, James Boyd White
Looking At Our Language: Glendon On Rights, James Boyd White
Michigan Law Review
A Review of Rights Talk: The Impoverishment of Political Discourse by Mary Ann Glendon
Review Of Transforming Political Discourse, Donald J. Herzog
Review Of Transforming Political Discourse, Donald J. Herzog
Reviews
Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …
Puzzling Through Burke, Donald J. Herzog
Puzzling Through Burke, Donald J. Herzog
Articles
Here's an utterly innocent question: What was Edmund Burke up to, anyway? What does all that quirky brilliance, all that majestically tangled prose, amount to? If Burke is a source of profound political wisdom, as generations of conservatives have tirelessly assured us, what does he have to say? If he's an important political theorist - and I don't think we should allow the conventionally received canon, no more sacrosanct than our teachers' reading lists, to determine our judgment on such matters - what is his theory?
Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane
Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane
Michigan Law Review
A Review of Happy Slaves: A Critique of Consent Theory by Don Herzog
Women And Contracts: No New Deal, Elizabeth S. Anderson
Women And Contracts: No New Deal, Elizabeth S. Anderson
Michigan Law Review
A Review of The Sexual Contract by Carole Pateman
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
Articles
A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …
Legal Theory And The Obligation To Obey, Philip E. Soper
Legal Theory And The Obligation To Obey, Philip E. Soper
Articles
Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.
Review Of Social Justice In The Liberal State, Donald H. Regan
Review Of Social Justice In The Liberal State, Donald H. Regan
Reviews
Bruce Ackerman's goal, in Social Justice in the Liberal State, is to provide a new foundation for liberal political theory. Ackerman is dissatisfied with both utilitarian and contractarian defenses of liberal political institutions. Indeed, he writes most persuasively when he is criticizing utilitarians and contractarians, though his criticisms are largely familiar.
Social Justice In The Liberal State, Michigan Law Review
Social Justice In The Liberal State, Michigan Law Review
Michigan Law Review
A Review of Social Justice in the Liberal State by Bruce A. Ackerman
Knowledge And Politics, Phillip Soper
Knowledge And Politics, Phillip Soper
Michigan Law Review
A Review of Knowledge and Politics by Roberto Mangabeira Unger