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Articles 1 - 30 of 30
Full-Text Articles in Law and Philosophy
Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz
Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Contract Law, Default Rules, And The Philosophy Of Promising, Richard Craswell
Contract Law, Default Rules, And The Philosophy Of Promising, Richard Craswell
Michigan Law Review
Among the topics addressed by moral philosophy is the obligation to keep one's promises. To many philosophers, there is something strange (or, at least, something calling for explanatie1n) in the idea that moral obligations can be created simply by an individual's saying so yet this is what seems to happen when a person makes a promise. Consequently, there is by now a large body of literature attempting to identify the exact source and nature of this moral obligation.
Part I of this article presents a more detailed survey of recent philosophical writings about promises, for the benefit of legal readers …
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
Michigan Law Review
Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?
The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …
Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz
Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Debating A Paralyzing Objectivity, Bruce Ledewitz
Debating A Paralyzing Objectivity, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Introducing Criminal Law, Stephen J. Morse
Introducing Criminal Law, Stephen J. Morse
Michigan Law Review
A Review of Bad Acts and Guilty Minds: Conundrums of the Criminal Law by Leo Katz, and Crime, Guilt, and Punishment: A Philosophical Introduction by C.L. Ten
The Right To Disobey, Joel Feinberg
The Right To Disobey, Joel Feinberg
Michigan Law Review
A Review of Conflicts of Law and Morality by Kent Greenwalt
Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz
Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Abolition Then And Now, Bruce Ledewitz
Abolition Then And Now, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Lawyers And Conscience, Thomas Morawetz
Lawyers And Conscience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression And Its Criticism, Thomas D. Eisele
Hegelian Vanity, Common Law Humility: On Legal Theory, Its Expression And Its Criticism, Thomas D. Eisele
Faculty Articles and Other Publications
Commentary on Arthur Jacobson, Hegel's Legal Plenum, 10 Cardozo L. Rev. 877 (1989).
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter
The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter
Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Articles
Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …
The Importance Of Not Being Ernest, Allan C. Hutchinson
The Importance Of Not Being Ernest, Allan C. Hutchinson
Articles & Book Chapters
Formalists have long tried to develop a legal theory, based on the internal rationality of law, which would free it from the influences of instrumentality and ideology. Focussing on the philosophical proposals of Ernest Weinrib, the author argues that this goal is both illusory and undesirable. Weinrib's theory assumes rather than proves the existence of this rationality, which is simply defined as an interrelationship between form and content. In order to maintain the coherence of this fragile relationship, Weinrib is either forced to articulate his theory on such a level of abstration so as to be irrelevant or to reintroduce …
Is Tragedy Possible?: A Comment On George Fletcher's "The Right And The Reasonable", Kenneth S. Gallant
Is Tragedy Possible?: A Comment On George Fletcher's "The Right And The Reasonable", Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Justice In The International System, Thomas M. Franck, Steven W. Hawkins
Justice In The International System, Thomas M. Franck, Steven W. Hawkins
Michigan Journal of International Law
"Justice," Rawls claims in A Theory of Justice," is the first virtue of social institutions…" The principles of justice of which Rawls speaks, however, except for a brief excursion, "apply only within the borders of a nation-state." Our purpose is to see whether justice is also the first virtue of the international system, the social institutions of the community of nations. More specifically, is justice the definitive virtue by which to judge international law? This article seeks to answer those questions by examining the concept of justice as developed by various theorists, culminating in the contemporary Rawlsian theory of …
Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz
Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Nomos And Thanatos (Part A), The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin Frsc
Nomos And Thanatos (Part A), The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The essay is to be published in two parts. Part A, "The Killing Fields .. . ", is a criticai inquiry into the way in which the "disciplines" of law and legal theory rationalize violence. I begin my discussion with a Celtic triptych - a series of three narratives - that is designed to provide the reader with some background information in order that he or she may acquire a sense of the perspective and experiential context from which this essay emerges.
Next, I briefly outline the central role which violence has played in structuring our received tradition of jurisprudential …
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Touro Law Review
No abstract provided.
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
Articles & Book Chapters
This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …
Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill
Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill
Department of Sociology: Dissertations, Theses, and Student Research
Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …
The Problem Of Dirty Hands, Leslie C. Griffin
The Problem Of Dirty Hands, Leslie C. Griffin
Scholarly Works
This essay examines what Sartre called the problem of "dirty hands" as it applies to two issues in contemporary Catholic discussions of political morality. Beginning with Michael Walzer's work on dirty hands, the essay next identifies four approaches to this problem characteristic of Christian ethics. These four categories are then applied to analysis of two issues: conflicts of conscience that may confront Catholic politicians as a result of the responsibilities of public office and the church's exclusion of clergy and religious from holding public
Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman
Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman
All Faculty Scholarship
No abstract provided.
Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum
Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law ... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a …
The Problem Of Transaction Costs, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
The Meaning Of Morality, George P. Fletcher
The Meaning Of Morality, George P. Fletcher
Faculty Scholarship
Many lawyers, both inside and outside the law schools, suffer from insecurity about our discipline. Instead of thinking of ourselves as the curators of a grand tradition in Western thought, many of us think of the law as a collection of doctrinal formulas and rules imposed on us by legislatures and the highest courts. We are always looking elsewhere to find a source of wisdom that will give the law coherence and meaning. At various times in this century we have looked to sociology, anthropology, psychoanalysis and, of course, economics in an effort to ground our ideas in firmer soil. …
Legal Affinities, Joseph Vining
Legal Affinities, Joseph Vining
Articles
Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …