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Articles 1 - 17 of 17
Full-Text Articles in Law
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton
In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton
Faculty Scholarship
This Article opens with a discussion of Thoreau's philosophy of civil disobedience and then examines the ideas of four modem legal philosophers, Joseph Raz, Kent Greenawalt, John Rawls, and Ronald Dworkin, on the subject. Next, the Article compares the respective thinking of all five men regarding the circumstances that would justify the use of civil disobedience. To facilitate the comparison as well as to make it more relevant to the reader, the Article examines five related contemporary illustrations involving situations in which the use of civil disobedience might arguably be morally justified. This Article concludes with some general thoughts on …
The Casey Conundrum, Bruce Ledewitz
The Casey Conundrum, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Question That Killed Critical Legal Studies, Michael Fischl
The Question That Killed Critical Legal Studies, Michael Fischl
Faculty Articles and Papers
No abstract provided.
A Study After Cardozo: De Cicco V. Schweizer, Noncooperative Games, And Neural Computing, Robert Birmingham
A Study After Cardozo: De Cicco V. Schweizer, Noncooperative Games, And Neural Computing, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Self-Paternalism In The Marketplace, Bailey Kuklin
Self-Paternalism In The Marketplace, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Avalon Ethics, Thomas D. Eisele
Avalon Ethics, Thomas D. Eisele
Faculty Articles and Other Publications
Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)
The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin
The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Meaning Of Under Color Of Law, Steven L. Winter
The Meaning Of Under Color Of Law, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler
Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Kantian Theory Of International Law, Fernando R. Tesón
The Kantian Theory Of International Law, Fernando R. Tesón
Scholarly Publications
This Article defends the view, first developed by Immanuel Kant, that international law and domestic justice are fundamentally connected.'
Pre-Figuration And Evaluation, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Publications
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.
The Relevance Of Coherence, Joseph Raz
The Relevance Of Coherence, Joseph Raz
Faculty Scholarship
Coherence is in vogue. Coherence accounts of truth and of knowledge have been in contention for many years. Coherence explanations of morality and of law are a newer breed. I suspect that like so much else in practical philosophy today they owe much of their popularity to John Rawls. His writings on reflective equilibrium, while designed as part of a philosophical strategy which suspends inquiry into the fundamental questions of moral philosophy, had the opposite effect. They inspired much constructive reflection about these questions, largely veering toward coherence as the right interpretation both of reflective equilibrium and of moral philosophy. …
The Paradox Of Punishment, Paul Campos
The Paradox Of Punishment, Paul Campos
Publications
Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
Articles
This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …
Contradiction And Revision: Progressive Feminist Legal Scholars Respond To Mary Joe Frug, Elizabeth M. Schneider, Judi Greenberg, Martha Minow
Contradiction And Revision: Progressive Feminist Legal Scholars Respond To Mary Joe Frug, Elizabeth M. Schneider, Judi Greenberg, Martha Minow
Faculty Scholarship
No abstract provided.