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Jurisprudence Commons

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Legal Studies

Faculty Scholarship at Penn Law

Philosophy

Articles 1 - 14 of 14

Full-Text Articles in Jurisprudence

What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen Jan 2012

What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


James Wilson And The Scottish Enlightenment, William Ewald Apr 2010

James Wilson And The Scottish Enlightenment, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick Jan 2007

The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.


A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein Oct 2006

A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories ...


What Personal Rules Can Teach Us About Basic Institutions, Claire O. Finkelstein Jan 2005

What Personal Rules Can Teach Us About Basic Institutions, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Harm, History, And Counterfactuals, Stephen R. Perry Jan 2003

Harm, History, And Counterfactuals, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Method And Principle In Legal Theory, Stephen R. Perry Jan 2002

Method And Principle In Legal Theory, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz Jan 1999

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Hart's Methodological Positivism, Stephen R. Perry Jan 1998

Hart's Methodological Positivism, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick Jan 1991

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.


Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts Jan 1988

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Unger's Philosophy: A Critical Legal Study, William Ewald Jan 1988

Unger's Philosophy: A Critical Legal Study, William Ewald

Faculty Scholarship at Penn Law

Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.