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Articles 1 - 6 of 6
Full-Text Articles in Law
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
Richard W. Wright
Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …
The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden
The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden
Stephen Durden
Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but …
Corrective Justice And The Revival Of Judicial Virtue, Mark C. Modak-Truran
Corrective Justice And The Revival Of Judicial Virtue, Mark C. Modak-Truran
Mark C Modak-Truran
Aristotle's discussion of corrective justice has been generally thought to mark the beginning of the philosophical examination of tort law. In addition, many scholars consider corrective justice, of one form or another, the main normative alternative to the economic analysis of law for explaining not only tort law but also private law and law in general. Most discussions of Aristotle’s conception of corrective justice in the law review literature, however, have failed to account for the established reading of Aristotle’s Nicomachean Ethics as proposing a teleological form of ethics. Accordingly, Corrective Justice and the Revival of Judicial Virtue argues for …
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Trisha Olson
No abstract provided.
Lacanian Social Psychoanalysis: Religion And Community In A Pluralistic Society, David Caudill
Lacanian Social Psychoanalysis: Religion And Community In A Pluralistic Society, David Caudill
David S Caudill
No abstract provided.