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Full-Text Articles in Law

Critique & Praxis: A Pure Theory Of Illusions, Values, And Tactics, And An Answer To The Question: "What Is To Be Done?", Bernard E. Harcourt Jan 2018

Critique & Praxis: A Pure Theory Of Illusions, Values, And Tactics, And An Answer To The Question: "What Is To Be Done?", Bernard E. Harcourt

Faculty Scholarship

We are going through an unprecedented period of political instability. With the rise of the alt-right and of xenophobic sentiment, and the fallout of neoliberal government policies, our political future is at stake. These times call for the type of critical theory and praxis that gave rise to the Frankfurt School in the 1920s and to the critical ferment of the 1970s. Yet, in the face of our crises today, contemporary critical theory seems disarmed.

Critical theory is in disarray because of a wave of anti-foundational challenges in the 1960s that shattered the epistemological foundations of the Frankfurt School. The ...


Does Labour Law Need Philosophical Foundations? (Introduction), Gillian L. Lester, Hugh Collins, Virginia Mantouvalou Jan 2018

Does Labour Law Need Philosophical Foundations? (Introduction), Gillian L. Lester, Hugh Collins, Virginia Mantouvalou

Faculty Scholarship

This is the introductory chapter of the book Philosophical Foundations of Labour Law (Collins, Lester, Mantouvalou eds, OUP, 2018). It argues that labour law needs philosophical foundations and explains that careful reflection about underlying moral and political principles and values can serve to provide firm foundations and a clear sense of direction for labour law. At a time when many appear to doubt the value of labour laws and workers’ rights at all, the chapter suggests that it is necessary to reassert that the values and principles that provide the foundations for a system of labour law are not those ...


Identity And Social Bonds, Joseph Raz Jan 2018

Identity And Social Bonds, Joseph Raz

Faculty Scholarship

I first argue that there is no problem about how to justify partialities (though there is a difficulty in justifying impartialities). Then I consider the role of consent in justifying rights and duties, using voluntary associations as a case in which consent has an important but limited role in doing so, a role determined and circumscribed by evaluative considerations. The values explain why consent can bind and bind one to act as one does not wish to do and even as one judges to be ill advised. That opens the way to an explanation of how value considerations relate to ...