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1992

Jurisprudence

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Articles 1 - 30 of 33

Full-Text Articles in Law

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright Dec 1992

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Rules Versus Standards: An Economic Analysis, Louis Kaplow Dec 1992

Rules Versus Standards: An Economic Analysis, Louis Kaplow

Duke Law Journal

This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards ...


Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright Nov 1992

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright

Richard W. Wright

No abstract provided.


Subject: Object, Jeanne L. Schroeder Sep 1992

Subject: Object, Jeanne L. Schroeder

University of Miami Law Review

No abstract provided.


Lacan And Law: Networking With The Big [O]Thertheory, David Caudill Jul 1992

Lacan And Law: Networking With The Big [O]Thertheory, David Caudill

David S Caudill

No abstract provided.


Jacques Lacan And Our State Of Affairs: Preliminary Remarks On Law As Other, David Caudill Jul 1992

Jacques Lacan And Our State Of Affairs: Preliminary Remarks On Law As Other, David Caudill

David S Caudill

No abstract provided.


The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury Jul 1992

The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury

Indiana Law Journal

No abstract provided.


Incommensurability As A Jurisprudential Puzzle, Richard Warner Mar 1992

Incommensurability As A Jurisprudential Puzzle, Richard Warner

All Faculty Scholarship

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells Mar 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.


Incommensurability As A Jurisprudential Puzzle, Richard Warner Feb 1992

Incommensurability As A Jurisprudential Puzzle, Richard Warner

Richard Warner

No abstract provided.


Aristotle On Political Justice (Symposium), Steven J. Heyman Feb 1992

Aristotle On Political Justice (Symposium), Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Positive And Negative Liberty, Steven J. Heyman Jan 1992

Positive And Negative Liberty, Steven J. Heyman

Steven J. Heyman

No abstract provided.


Aristotle On Political Justice (Symposium), Steven J. Heyman Jan 1992

Aristotle On Political Justice (Symposium), Steven J. Heyman

Steven J. Heyman

No abstract provided.


Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun Jan 1992

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Faculty Scholarship

None available.


Objectivity And Democracy, David K. Millon Jan 1992

Objectivity And Democracy, David K. Millon

Faculty Scholarship

As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive ...


From Libertarianism To Egalitarianism, Justin Schwartz Jan 1992

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough ...


From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan Jan 1992

From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan

Faculty Articles

Both Richard Weisberg and James Boyd White are eminent figures in the academic field of law and literature. As lines between philosophy and literature blur, the stance of “judgment” becomes more like a reflective aesthetic evaluation than a critique through formal logic. Law is, as Weisberg and White agree, more art than science. Yet, for all their contributions to the study of law, including their ostensibly shared realm of mediation, the two create a combative, hierarchic tone of discourse by the near-total exclusion of women from their texts.

Law as conversation is not primarily war through or with words. Rather ...


The Jurisprudence Of Jane Eyre, Anita L. Allen Jan 1992

The Jurisprudence Of Jane Eyre, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon Jan 1992

The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon

Hofstra Law Review

No abstract provided.


Relationships Of Representation In Voting Rights Act Jurisprudence, Kathryn Abrams Jan 1992

Relationships Of Representation In Voting Rights Act Jurisprudence, Kathryn Abrams

Faculty Scholarship

No abstract provided.


The Paradox Of Punishment, Paul Campos Jan 1992

The Paradox Of Punishment, Paul Campos

Articles

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.


A Mirror For The Magistrate, Paul Campos Ed. Jan 1992

A Mirror For The Magistrate, Paul Campos Ed.

Articles

No abstract provided.


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

Articles

No abstract provided.


Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen Jan 1992

Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen

Pace Law Faculty Publications

Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.

The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to ...


One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver Jan 1992

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Scholarly Works

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to ...


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack

Fordham Law Review

Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.


The Value Of Friendship In Law And Literature, Michael J. Kaufman Jan 1992

The Value Of Friendship In Law And Literature, Michael J. Kaufman

Fordham Law Review

Once thought to be indespensible to a good life, the value of friendship has been swept away by the most recent trends in philosophical, literary, and legal thought. After tracing the subtle decline in the value of friendship, this Article employs these very trends to redefine and resurrect that value, particularly within American law. A good work of art is one which elevates its own art-form by successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and literature ...


Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller Jan 1992

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

Articles

No abstract provided.


Tort Law As A Comparative Institution, Claire Oakes Finkelstein Jan 1992

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Justice Holmes's Philosophy, Sheldon M. Novick Jan 1992

Justice Holmes's Philosophy, Sheldon M. Novick

Washington University Law Review

In my biography of Justice Holmes it seemed proper to let him have his effects. But explanation also has its part to play, if only below decks; so while Holmes lightly touches the helm, we may now trudge down to the engine room and have a look at the machinery.