Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Jurisprudence

Judging Well, Francis J. Mootz Iii Jan 2019

Judging Well, Francis J. Mootz Iii

Washington University Jurisprudence Review

Can judges interpret the law in a manner that is objectively verifiable, or do judges necessarily – even if unconsciously – inject their own predispositions and biases into their decisions? It is difficult to decide whether such a question is frivolous in the post-Realist age, or whether it is the is the single most important question that we can ask about our legal system. I endorse both responses. The question, as phrased, is both vitally important and unanswerable on its own terms. Rather than seeking an elusive objective standard by which to measure the correctness of “a judgment,” I argue that we ...


Against Life Without Parole, Judith Lichtenberg Jan 2019

Against Life Without Parole, Judith Lichtenberg

Washington University Jurisprudence Review

We have many good reasons to abolish life without parole sentences (LWOP, known in some countries as whole life sentences) and no good reasons not to. After reviewing the current state of LWOP sentences in the United States, I argue that the only rationale for punishment that can hope to justify them is retributivism. But even if retributivism is a sound principle, it in no way entails life without parole. One reason is that unless one believes, like Kant, that appropriate punishments must be carried out whatever the circumstances, we must acknowledge that other considerations are relevant to determining punishments ...


"Strike Two, You're Out!" The Need For A More Stringent Drug Policy In Major League Baseball, Zackary Kessinger Jan 2018

"Strike Two, You're Out!" The Need For A More Stringent Drug Policy In Major League Baseball, Zackary Kessinger

Washington University Jurisprudence Review

This Note argues that MLB should adopt a more stringent drug policy than the one currently set forth in MLB’s Joint Drug Prevention and Treatment Program for two reasons. First, the increasing prevalence of PED use among MLB players threatens baseball’s integrity. Second, professional players’ PED use may encourage aspiring young athletes to abuse PEDs, which may harm their long-term health.


Reflective Judgment, Determinative Judgment, And The Problem Of Particularity, Angelica Nuzzo Jan 2013

Reflective Judgment, Determinative Judgment, And The Problem Of Particularity, Angelica Nuzzo

Washington University Jurisprudence Review

No abstract provided.


Kant On Teleological Thinking And Its Failures, Manfred Baum Jan 2013

Kant On Teleological Thinking And Its Failures, Manfred Baum

Washington University Jurisprudence Review

No abstract provided.


An Interest In The Impossible, Todd Kesselman Jan 2013

An Interest In The Impossible, Todd Kesselman

Washington University Jurisprudence Review

No abstract provided.


The Regress Argument In Kant, Wittgenstein, And The Pittsburgh "Pragmatists", Joseph Margolis Jan 2013

The Regress Argument In Kant, Wittgenstein, And The Pittsburgh "Pragmatists", Joseph Margolis

Washington University Jurisprudence Review

No abstract provided.


Introduction, Angelica Nuzzo, David Gray Carlson Jan 2013

Introduction, Angelica Nuzzo, David Gray Carlson

Washington University Jurisprudence Review

No abstract provided.


Kant On Art And Truth After Plato, Tom Rockmore Jan 2013

Kant On Art And Truth After Plato, Tom Rockmore

Washington University Jurisprudence Review

No abstract provided.


The Problem Of Purposiveness And The Objective Validity Of Judgments In Kant's Theoretical Philosophy, Rolf-Peter Horstmann Jan 2013

The Problem Of Purposiveness And The Objective Validity Of Judgments In Kant's Theoretical Philosophy, Rolf-Peter Horstmann

Washington University Jurisprudence Review

No abstract provided.


Is A Determinant Judgment Really A Judgment?, Rodolphe Gasché Jan 2013

Is A Determinant Judgment Really A Judgment?, Rodolphe Gasché

Washington University Jurisprudence Review

No abstract provided.


Relating Kant's Theory Of Reflective Judgment To The Law, Rudolf A. Makkreel Jan 2013

Relating Kant's Theory Of Reflective Judgment To The Law, Rudolf A. Makkreel

Washington University Jurisprudence Review

No abstract provided.


Effect Precedes Cause: Kant And The Self-In-Itself, David Gray Carlson Jan 2013

Effect Precedes Cause: Kant And The Self-In-Itself, David Gray Carlson

Washington University Jurisprudence Review

No abstract provided.


The Mismeasurement Of Legal Pragmatism, Douglas Lind Jan 2012

The Mismeasurement Of Legal Pragmatism, Douglas Lind

Washington University Jurisprudence Review

No abstract provided.