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Articles 1 - 8 of 8

Full-Text Articles in Jurisprudence

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer Jul 1997

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

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No abstract provided.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …


Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky Jan 1997

Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky

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No abstract provided.


The Bomb Thief And The Theory Of Justification, Paul H. Robinson Jan 1997

The Bomb Thief And The Theory Of Justification, Paul H. Robinson

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No abstract provided.


The Utility Of Desert, Paul H. Robinson, John M. Darley Jan 1997

The Utility Of Desert, Paul H. Robinson, John M. Darley

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The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …


Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson Jan 1997

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

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No abstract provided.


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

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No abstract provided.


Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang Jan 1997

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

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No abstract provided.