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Full-Text Articles in Law

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack Dec 2008

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack

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After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).


Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos Jan 2008

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

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The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …


Rethinking Indivisibility: Towards A Theory Of Supporting Relations Between Human Rights, James W. Nickel Jan 2008

Rethinking Indivisibility: Towards A Theory Of Supporting Relations Between Human Rights, James W. Nickel

Articles

No abstract provided.