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Full-Text Articles in Law
Self-Defense As A Justification For Punishment, George P. Fletcher
Self-Defense As A Justification For Punishment, George P. Fletcher
Faculty Scholarship
There are few legal ideas as basic as the principle of legitimate self-defense. Every individual, it is said, has the right to defend his or her person, property or living space against wrongful aggression and, if necessary, to kill the aggressor. This principle is so deeply ingrained in our legal thinking that it is difficult to imagine a legal system that did not acknowledge it. The concept of having rights would be virtually toothless unless we could use force to vindicate our rights against aggression.
The notion of having rights is less well-accepted in Jewish law than are the ideas …
Legal Process And Judges In The Real World, Peter L. Strauss
Legal Process And Judges In The Real World, Peter L. Strauss
Faculty Scholarship
It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.
I am not going to address Professor Zeppos's account of …