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Full-Text Articles in Law

Oliver Wendell Holmes, Jr., And William James: The Bad Man And The Moral Life, Catharine Wells Dec 1999

Oliver Wendell Holmes, Jr., And William James: The Bad Man And The Moral Life, Catharine Wells

Catharine P. Wells

No abstract provided.


"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis Dec 1999

"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis

Hope Lewis

These remarks were delivered at the 93rd Annual Meeting of the American Society of International Law (24-27 March 1999, Washington, DC) for a panel on the rule of law vs. cultural authority. The reality for working-class Afro-Caribbean women migrants (called "lionheart gals" by one Caribbean feminist organization) is that both "the rule of law" and "cultural authority" can enhance, or undermine, the protection of fundamental human rights. For lionheart gals, the choice is not between a liberating rule of law and a static, cocoonlike cultural authority. For them, the primary imperative is to use law and culture in a creative ...


Why Pragmatism Works For Me, Catharine Wells Dec 1999

Why Pragmatism Works For Me, Catharine Wells

Catharine P. Wells

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism's lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...