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Jurisprudence Commons™

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Law and Philosophy

Selected Works

2018

Articles 1 - 4 of 4

Full-Text Articles in Jurisprudence

Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson Jul 2018

Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson

Brian Larson

This presentation describes an empirical study that asks whether lawyers and judges use legal analogy on a day-to-day basis in a manner that reflects normative standards of reasonableness and rationality. From a theoretical perspective legal philosophers deny, transform, or mystify legal analogy, but lawyers and judges use it every day without comment. The question is important because we expect lawyers and judges use legal analogy thousands of times per day and law schools teach it as a basic skill. The argumentation schemes of informal logic supply a theoretical framework in the form of an argumentation scheme, but we do not …

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How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano Jul 2018

How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano

Brian Larson

As academic disciplines mature, professors with specialized interests within their field often gravitate toward each other to pursue their interests collectively. Eventually, members of a group might find themselves collaborating on presentations, articles, or similar endeavors, with the goal of advancing an academic specialty.

To our knowledge, however, few such groups appear to exist in the LRW community (notable exceptions: applied legal storytelling; LWI’s Discipline-Building Working Group’s bibliography program). Our presentation hopes to model how LRW professors can come together to explore a single aspect of the legal writing field. We’ll discuss how we brought together over two dozen professors …

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The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga Mar 2018

The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga

Joseph Isanga

Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such condi­tions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such con­flicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ambivalent character …

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Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez Dec 2017

Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

As intelligent machines begin more generally outperforming human experts, why should humans remain ‘in the loop’ of decision-making?  One common answer focuses on outcomes: relying on intuition and experience, humans are capable of identifying interpretive errors—sometimes disastrous errors—that elude machines.  Though plausible today, this argument will wear thin as technology evolves.

Here, we seek out sturdier ground: a defense of human judgment that focuses on the normative integrity of decision-making.  Specifically, we propose an account of democratic equality as ‘role-reversibility.’  In a democracy, those tasked with making decisions should be susceptible, reciprocally, to the impact of decisions; there ought to …

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