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Articles 1 - 5 of 5

Full-Text Articles in Law

Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Articles

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Articles

No abstract provided.


What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan Jan 1986

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

Articles

Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He ...


Law's Halo, Donald H. Regan Jan 1986

Law's Halo, Donald H. Regan

Articles

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to invest ...


An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag Jan 1986

An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag

Articles

Professor Coase's article, The Problem of Social Cost, played a significant role in launching the law and economics movement. Coase's insights have been used extensively by the law and economics movement as authority and inspiration for the development of an essentially right-leaning approach to law. In this Article, Professor Schlag undertakes to reexamine the original article. He shows that Coase's deconstructive moves opened up a series of volatile and radical inquiries. He then argues that the law and economics movement, in general, and Judge Posner, in particular, shut down the dangerous radicalism of these inquiries by hypostasizing ...