Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (2)
- Business (2)
- Business Law, Public Responsibility, and Ethics (2)
- Cultural History (2)
- Economic Theory (2)
-
- Economics (2)
- Ethics and Political Philosophy (2)
- History (2)
- History of Gender (2)
- Human Rights Law (2)
- Inequality and Stratification (2)
- Labor Economics (2)
- Labor Relations (2)
- Labor and Employment Law (2)
- Law and Economics (2)
- Law and Politics (2)
- Law and Psychology (2)
- Law and Society (2)
- Legal (2)
- Philosophy (2)
- Political Economy (2)
- Political Science (2)
- Political Theory (2)
- Keyword
-
- Civil Rights (2)
- Constitutional Law (2)
- General Law (2)
- Human Nature (2)
- Human Rights Law (2)
-
- Justice (2)
- Public Law and Legal Theory (2)
- Women (2)
- Abolition of Familty (1)
- Alternative Childrearing Arrangements (1)
- Class Analysis (1)
- Communitarianism (1)
- Domination (1)
- Economics (1)
- Empirical Tests of Moral Theory (1)
- Evolutionary Psychology (1)
- Fair Equality of Opportunity (1)
- Family (1)
- Feminism (1)
- Genetics (1)
- History (1)
- Inequality (1)
- John Rawls (1)
- Justice as Fairness (1)
- Law and Economics (1)
- Legal Objectivity (1)
Articles 1 - 3 of 3
Full-Text Articles in Law and Gender
It Ain’T Necessarily So: The Misuse Of “Human Nature” In Law And Social Policy And Bankruptcy Of The “Nature-Nurture” Debate, 21 Tex. J. Women & L. 187 (2012))., Justin Schwartz
Justin Schwartz
Debate about legal and policy reform has been haunted by a pernicious confusion about human nature: and the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would prevent changes they deem desirable. Both views rest on deep errors about what kind of thing a “nature” …
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …