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Articles 1 - 30 of 33
Full-Text Articles in Jurisprudence
Legal Personhood For Artificial Intelligence, Tyler Jaynes
Legal Personhood For Artificial Intelligence, Tyler Jaynes
Tyler Jaynes
A Philosophical Basis For Judicial Restraint, Michael Evan Gold
A Philosophical Basis For Judicial Restraint, Michael Evan Gold
Michael Evan Gold
The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.
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
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall
Brian M McCall
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
François Tanguay-Renaud
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
David Ingram
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …
The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström
The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström
Leila Brännström
No abstract provided.
Can A Pluralistic Commonwealth Endure?, Brian M. Mccall
Can A Pluralistic Commonwealth Endure?, Brian M. Mccall
Brian M McCall
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson
The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson
Dr Matilda Arvidsson
No abstract provided.
Agences De Notation: La Solution Se Trouverait Dans Les Banques, Gregory Lewkowicz
Agences De Notation: La Solution Se Trouverait Dans Les Banques, Gregory Lewkowicz
Gregory Lewkowicz
Interview of Gregory Lewkowicz on credit rating agencies by Jennifer Nille for the newspaper "L'Echo"
Natural Rights To Welfare, Siegfried Van Duffel
Natural Rights To Welfare, Siegfried Van Duffel
Siegfried Van Duffel
No abstract provided.
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Nick J. Sciullo
Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
Nick J. Sciullo
In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …
Holmes And Dissent, Allen P. Mendenhall
Holmes And Dissent, Allen P. Mendenhall
Allen Mendenhall
Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …
Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson
Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson
Dr Matilda Arvidsson
No abstract provided.
The Social Epistemology Of Public Institutions, Mathilde Cohen
The Social Epistemology Of Public Institutions, Mathilde Cohen
Mathilde Cohen
Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo
Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo
Nick J. Sciullo
This article will demonstrate that although students of the law, legal scholars, and practitioners rely on a relatively narrow body of “legal scholarship,” there are in fact sundry diverse sources of legal thought that deserve to be evaluated along with currently accepted legal scholarship. It will present arguments in favor of appreciating music as a unique and important source of legal commentary through which we might understand how people relate to the law—what I have called “coming to the law.” It will demonstrate that music can be uniquely transgressive and presents a powerful alternative to what Michel Foucault called “scientific …
Zizek/Questions/Failing, Nick J. Sciullo
Zizek/Questions/Failing, Nick J. Sciullo
Nick J. Sciullo
In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.
While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …
The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad
The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad
Mary Alice Haddad
How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …
Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green
Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green
Stuart Green
Criminological studies consistently indicate that a disproportionate percentage of crimes in our society, both violent and non-violent, are committed by those who are impoverished. If we assume that at least some of the poor who commit crimes are poor because they fail to get from society what they “deserve” in terms of economic or political or social rights, the question arises whether this fact should affect the determination of what such people “deserve” from society in terms of punishment. The question is all the more pressing given recent Census Bureau figures indicating that the economic recession that began in 2008 …
Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson
Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson
Siegfried Van Duffel
Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.
L’Unité De La Justification À L’Épreuve De La Justification Juridique [Justificatory Unification And Legal Justification], Mathilde Cohen
L’Unité De La Justification À L’Épreuve De La Justification Juridique [Justificatory Unification And Legal Justification], Mathilde Cohen
Mathilde Cohen
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian M. Mccall
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian M. Mccall
Brian M McCall
This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.
Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel
Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel
Jonathan Yovel
This essay explores the concept of "Territory" in some of its cultural forms, as well as looks into cultural and linguistic conditions for territories-talk. Initially, it engages territory as a pre-political representation and explores its formal relation to space and to place. It defines territory as the paradigmatic non-place and contrasts it with the concept of the city (in fact, an anticity), especially as reflected in renaissance and early modern art/architecture, with examples from Schedel, Bellini, Breugel and others, as well as from contemporary graphic works (Moebius, Qual, Nowak).
Moving from the cultural to the political, territories are then explored …
The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson
The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson
Dr Matilda Arvidsson
No abstract provided.
Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo
Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo
Nick J. Sciullo
By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.
A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations also …