Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (3)
- Arts and Humanities (2)
- Banking and Finance Law (2)
- Bankruptcy Law (2)
- Civil Rights and Discrimination (2)
-
- Commercial Law (2)
- Contracts (2)
- Entertainment, Arts, and Sports Law (2)
- Human Rights Law (2)
- International Law (2)
- International Trade Law (2)
- Legal History (2)
- Philosophy (2)
- Cognitive Psychology (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Law and Psychology (1)
- Legal Education (1)
- Legal Writing and Research (1)
- Litigation (1)
- Psychology (1)
- Public Law and Legal Theory (1)
- Sexuality and the Law (1)
- Social Psychology (1)
- Social and Behavioral Sciences (1)
- Torts (1)
- Keyword
-
- Affirmative action (1)
- Analogical reasoning (1)
- Antisubordination (1)
- Assimilation (1)
- Bisexuals (1)
-
- Civil Rights (1)
- Common-law (1)
- Constitutional Law (1)
- Contract Law and Theory (1)
- Criteria of knowledge (1)
- Critical Legal Studies (1)
- Critical Race Theory (1)
- Critical thinking (1)
- Decision-making (1)
- Defense of Marriage Act (1)
- Equal (1)
- Equality (1)
- Fairness (1)
- Formal Equality (1)
- Formalism (1)
- Gays (1)
- Greimas (1)
- Heteronormativity (1)
- Homophobia (1)
- Homosexuals (1)
- Jurisprudence (1)
- Jurisprudence & Philosophy (1)
- Justice (1)
- LGBT (1)
- Law & Language, Law & Literature (1)
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Nancy Levit
As kids we called it having to use the old noodle: needing to think real hard about something that was real hard to think about. It was the kind of thinking that would cause your face to get all scrunched up, and if you didn't stop or if someone didn't stop you - it would eventually make your head hurt. The expression came from our families when we figured something out: that's using your old noodle, they'd tell us. The noodle we eventually understood to be our brains, which, we reckon, do look something like noodles, though we were quite …
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel
Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel
Jonathan Yovel
This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as …
What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel
What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel
Jonathan Yovel
What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the …