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Full-Text Articles in Jurisprudence
International Legal Positivism And Legal Realism, D. A. Jeremy Telman
International Legal Positivism And Legal Realism, D. A. Jeremy Telman
Law Faculty Publications
This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the U.S. legal academy and then proceeds to discuss the rise of a new legal realism in international legal theory. In a concluding section, the chapter assesses the compatibilities and tensions between the new international legal realism and the new international legal positivism.
With its forthright embrace of the inescapability of uncertainty in law, the new international legal …
A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman
A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman
Law Faculty Publications
This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in the United States rejected …
Abortion As Betrayal, Richard Stith
Abortion As Betrayal, Richard Stith
Law Faculty Publications
Abortion is worse than ordinary murder, principally because it involves the betrayal of a dependent by a natural guardian. Furthermore, abortion is emblematic of wider lethal betrayals of radically dependent persons. All these betrayals are rationalized precisely by the victims’ lack of autonomy-based dignity. Christianity counters by affirming the concern and respect due to those who helplessly suffer worldly disdain.
Generosity: A Duty Without A Right, Richard Stith
Generosity: A Duty Without A Right, Richard Stith
Law Faculty Publications
The rhetoric of rights permeates and dominates the American legal thought today. Even ethics is often considered to involve fundamentally a mutual respect for "moral rights." Understanding human rights is taken to be a sufficient condition for knowing how we do and should order our life together.
The World As Reality, As Resource, And As Pretense, Richard Stith
The World As Reality, As Resource, And As Pretense, Richard Stith
Law Faculty Publications
No abstract provided.