Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper
Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper
LLM Theses
This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
Dissertations, Theses, and Capstone Projects
This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, apply that definition to case law and the literature, refute many objections to judicial minimalism including objections based on tough case counterexamples, offer a new version of the argument of epistemic humility and offer a new argument in support of judicial minimalism from the perspective of law and economics.
The Free Exercise Clause, Minority Faiths, And The Possibility Of Religious Independence After Rawlsian Liberalism, David Charles Scott
The Free Exercise Clause, Minority Faiths, And The Possibility Of Religious Independence After Rawlsian Liberalism, David Charles Scott
Theses and Dissertations--Philosophy
The conversation to which my dissertation belongs is that which preoccupied John Rawls in Political Liberalism, namely: (1) how it is possible that a religiously and morally pluralistic culture like ours lives cooperatively from one generation to the next, and (2) The extent to which religious or moral convictions are appropriate bases for political action. My three-essay dissertation is about aspects of this investigation that affect minority or non-mainstream religious and cultural groups, since legal institutions, and theoretical models of them (such as Rawls’s and Ronald Dworkin’s) are in many ways ill-suited to accommodate their ways of life. In the …