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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

Punishment As Contract, Claire Oakes Finkelstein Jan 2011

Punishment As Contract, Claire Oakes Finkelstein

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This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment, …


What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts Jan 2011

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

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No abstract provided.


The Myth Of The Fully Informed Rational Actor, Stephanos Bibas Jan 2011

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

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No abstract provided.


Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus Jan 2011

Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus

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A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …


Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas Jan 2011

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

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No abstract provided.