Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Justice

2005

Law and Society

Articles 1 - 2 of 2

Full-Text Articles in Law

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Hyun-Myung Tan Feb 2005

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Hyun-Myung Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …


The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson Jan 2005

The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson

Michigan Journal of Race and Law

Part I of this Article uses a quasi-parable, in which Dorothy Brown is a Tibetan Master who teaches law students CRT Kung Fu, the monastic fighting skills by which they will acquire the Shadow's mystical insight to "know" the heart of the first-year curriculum. Part II challenges the organizing principles and content on which Brown's Critical Race Theory purports to critically interrogate traditional legal doctrine, applying a New Age Philosophical critique as well as agency theory to crack dealing in Spanish Harlem. I use this case study to argue that crack dealers deliberately and purposefully choose extra-legal economic opportunities, even …