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Full-Text Articles in Jurisprudence

The Reality Of Moral Imperatives In Liberal Religion, Howard Lesnick Jan 2013

The Reality Of Moral Imperatives In Liberal Religion, Howard Lesnick

All Faculty Scholarship

This paper uses a classic one-liner attributed to Dostoyoevski’s Ivan Karamozov, "Without God everything is permitted," to explore some differences between what I term traditional and liberal religion. The expansive connotations and implications of Ivan’s words are grounded in the historic association of wrongfulness and punishment, and in a reaction against the late modern challenge to the inexorability of that association, whether in liberal religion or in secular moral thought. The paper argues that, with its full import understood, Ivan’s claim begs critical questions of the meaning and source of compulsion and choice, and of knowledge and belief regarding the …


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Jan 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …


Privacy Law: Positive Theory And Normative Practice, Anita L. Allen Jan 2013

Privacy Law: Positive Theory And Normative Practice, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Alexander's Genius, Mitchell N. Berman Jan 2013

Alexander's Genius, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.


On What Distinguishes New Originalism From Old: A Jurisprudential Take, Mitchell N. Berman Jan 2013

On What Distinguishes New Originalism From Old: A Jurisprudential Take, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.