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Full-Text Articles in Jurisprudence
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Thomas J. McSweeney
One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …
The Unruliness Of Rules, Peter A. Alces
Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez
Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez
Stephen E Henderson
Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman
Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman
Stephen M. Feldman
The Antinomy Of Coherence And Determinacy, William A. Edmundson
The Antinomy Of Coherence And Determinacy, William A. Edmundson
William A. Edmundson
Coherence and determinacy are both apparent desiderata for bodies of law and legal systems. Unfortunately, in legal systems of any complexity, increasing the degree of one invariably brings about a lessening of the other. For theories of law - such as Ronald Dworkin's - that emphasize the importance of coherence in judicial reasoning, while requiring as a condition of legitimacy that legal rights pre-exist judicial decisions, this must be an unwelcome fact.
Facing The Unborn, Richard Stith
Facing The Unborn, Richard Stith
Richard Stith
Modern science tells us of the identity of each individual human being from conception to adulthood, but our imagination does not fully cooperate. It is difficult to look at a photograph of a zygote and see a fellow human being. There are, however, two strong ways to better align our knowledge and our intuition. One is to look backward in the developmental process. It is easy to grasp that our fellow human beings all used to be zygotes. A second method is now becoming available. DNA can be used to reveal the future face and even the eyes of each …
A Trilogy Of Essays On Scholarship, David Barnhizer
A Trilogy Of Essays On Scholarship, David Barnhizer
David Barnhizer
At the beginning it is helpful to realize that the five versions of the scholarly ideal produce different forms of intellectual work with distinct goals and motivations. The scholar engaging in such activity can vary dramatically in terms of what the individual is seeking to achieve through his or her research output and actions that might be taken related to the findings reflected in that product. Similarly, there is a diverse set of targets at which the work is directed. These targets include communicating ideas and knowledge to other scholars who are invested in a specific sub-discipline. They also include …
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Donald J. Kochan
On The Conceptual Confusions Of Jurisprudence, Aaron Rappaport
On The Conceptual Confusions Of Jurisprudence, Aaron Rappaport
Aaron Rappaport
For more than half a century, legal theorists have tried to identify and describe the concept of law, employing a method called “conceptual analysis” to pursue this goal. Yet the details of that methodology remain obscure, its merits largely accepted without careful analysis. A reassessment is long past due. This paper offers the first comprehensive survey of the way conceptual analysis has been used in legal theory. The paper identifies four different forms of conceptual analysis – the empirical, intuitive, categorical and contingent methods of analysis. After clarifying the core assumptions of each approach, the paper evaluates whether any of …
Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall
Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall
Brian M McCall
In a general sense, St. Thomas Aquinas predicted the paralysis and chaos of the financial and economic systems in America and Europe which occurred in 2008, when he predicted that in a society where unjust exchanges dominate, eventually all exchanges will cease. St. Thomas also points out that although human law cannot prohibit all injustice, society cannot escape the consequences of transgressing the divine law which leaves “nothing unpunished.” Thus, at least part of the explanation for that crisis whose effects remain with us today lies in continuous violations of natural justice by our economic system. Neither one product nor …
The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall
The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall
Brian M McCall
This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.
Leiter On The Legal Realists, Michael S. Green
Leiter On The Legal Realists, Michael S. Green
Michael S. Green
In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to …