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Full-Text Articles in Jurisprudence

The Teaching Of International Law, Edward Mcwhinney Apr 2016

The Teaching Of International Law, Edward Mcwhinney

Georgia Journal of International & Comparative Law

No abstract provided.


The Unconscionable War On Moral Conscience, Michael Stokes Paulsen Apr 2016

The Unconscionable War On Moral Conscience, Michael Stokes Paulsen

Notre Dame Law Review

My thesis in this review builds on and is inspired in part by George’s book: Where, or to the extent that, a conflict between conscience and authority reduces to a pure stand on principle by each side—sincere conscience for its sake versus authority for its—in a free society conscience should almost always win. The only time that claims of government authority should triumph over genuine claims of religious conscience is when religiously motivated conduct would produce essentially intolerable harm to others—harm of a kind and degree that would lead one to conclude (in effect, not literally) that it is inconceivable …


Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall Dec 2015

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall

Brian M McCall

Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature.  Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny?  If such a power to bind to laws made by humans is justified, what is its scope?  The answers to these related questions explored in this Article are both descriptive and normative.  This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …