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Full-Text Articles in Jurisprudence
Gandhi’S Nightmare: Bhopal And The Need For A Mindful Jurisprudence, Nehal A. Patel
Gandhi’S Nightmare: Bhopal And The Need For A Mindful Jurisprudence, Nehal A. Patel
Nehal A. Patel
No abstract provided.
Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson
Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson
Eric Blumenson
This Essay describes some fundamental debates concerning the nature and possibility of universal human rights, conceived as a species of justice rather than law. It identifies four claims entailed by such rights and some significant problems each claim confronts. The designation “universal human rights” explicitly asserts three of them: paradigmatic human rights purport to be (1) universal, in that their protections and obligations bind every society, regardless of its laws and mores; (2) human, in that the rights belong equally to every person by virtue of one’s humanity, regardless of character, social standing, disabilities, or other individual attributes; and (3) …
The Judge And The Drone, Justin Desautels-Stein
The Judge And The Drone, Justin Desautels-Stein
Publications
Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …