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

Law and Philosophy Commons

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

Articles 1 - 17 of 17

Full-Text Articles in Law and Philosophy

Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran Nov 1990

Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran

Michigan Law Review

This essay advances the hypothesis that aesthetic considerations play a role in the formulation of new legal procedures and the preference for one procedure over another. Of course, other considerations like the social impact of a particular procedure or procedural system, its economic consequences, and its role within existing legal institutions are important, often decisive, factors influencing procedural choice. My argument is simply that additional unarticulated and unrecognized aesthetic considerations also play a role in the procedural reform process. I refer to these elements as "aesthetic" because they focus on the formal qualities of a procedure (simplicity, elegance, coherence, and …


The Negative Constitution: A Critique, Susan Bandes Aug 1990

The Negative Constitution: A Critique, Susan Bandes

Michigan Law Review

Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.


Critical Legal Studies, Michael F. Colosi May 1990

Critical Legal Studies, Michael F. Colosi

Michigan Law Review

A Review of Critical Legal Studies by Allan C. Hutchinson


Moralistic Liberalism And Legal Moralism, Robert P. George May 1990

Moralistic Liberalism And Legal Moralism, Robert P. George

Michigan Law Review

A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg


Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane May 1990

Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane

Michigan Law Review

A Review of Happy Slaves: A Critique of Consent Theory by Don Herzog


"Aliens Are Coming! Drain The Pool", John D. Ayer May 1990

"Aliens Are Coming! Drain The Pool", John D. Ayer

Michigan Law Review

A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner


Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof May 1990

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Michigan Law Review

A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson


Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler May 1990

Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler

Michigan Law Review

A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton


The Law's Secrets, Gary T. Marx May 1990

The Law's Secrets, Gary T. Marx

Michigan Law Review

A Review of Legal Secrets: Equality and Efficiency in the Common Law by Kim Lane Scheppele


Justice, Gender And The Family, Christine A. Pagac May 1990

Justice, Gender And The Family, Christine A. Pagac

Michigan Law Review

A Review of Justice, Gender and the Family by Susan Moller Okin


Women And Contracts: No New Deal, Elizabeth S. Anderson May 1990

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman


The Interpreters, Kenneth L. Karst May 1990

The Interpreters, Kenneth L. Karst

Michigan Law Review

A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

Michigan Law Review

A Review of Democracy and Its Critics by Robert A. Dahl


Can Rights Move Left?, Jeremy Paul May 1990

Can Rights Move Left?, Jeremy Paul

Michigan Law Review

A Review of The Right to Private Property by Jeremy Waldron


Lawyer's Justice, William A. Edmundson May 1990

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman


Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten May 1990

Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten

Michigan Law Review

A Review of Evolutionary Jurisprudence: Prospects and Limitations on the Use of Modern Darwinism Throughout the Legal Process by John H. Beckstrom


The Virtue Of Liberality In American Communal Life, Linda R. Hirshman Apr 1990

The Virtue Of Liberality In American Communal Life, Linda R. Hirshman

Michigan Law Review

This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …