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The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher
The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher
Faculty Scholarship
Somehow we in the West thought the age of war was behind us. After nuking Hiroshima, after napalming Vietnam, we had only distaste for the idea and the practice of war. The thought of dying for a noble cause, the pursuit of honor in the name of patria, brotherhood in arms – none of this appealed to us anymore. "I hate war and so does Eleanor," opined FDR in the oft-repeated lyrics of Pete Seeger. War became a subject for ironic disdain. As Tom Lehrer caught the mood of the 1960s: "We only want the world to know that …
The Liberal Commons, Hanoch Dagan, Michael A. Heller
The Liberal Commons, Hanoch Dagan, Michael A. Heller
Faculty Scholarship
Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline – there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to the …
Legal Principles And The Limits Of Law, Joseph Raz
Legal Principles And The Limits Of Law, Joseph Raz
Faculty Scholarship
Most people tend unreflectively to assume that laws belong to legal systems. "Most educated people," writes H. L. A. Hart, "have the idea that the laws in England form some sort of system, and that in France or the United States or Soviet Russia and, indeed, in almost every part of the world which is thought of as a separate 'country' there are legal systems which are broadly similar in structure in spite of important differences." This includes for most people the assumption that laws differ from non-legal rules and principles. There are, for example, moral rules and principles, social …