Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Appollonian (1)
- Authoritarian argument (1)
- Authority (1)
- Calvinist (1)
- Constitution (1)
-
- Critical legal theory (1)
- Cultural authority (1)
- Dionysian (1)
- Heirachial authority (1)
- Hobbesian (1)
- Law and literature (1)
- Liberal legalism (1)
- Liberal legalist (1)
- Literary theory (1)
- Morality (1)
- Morality of obedience (1)
- Panglossian attitude (1)
- Richard Posner (1)
- Romanticism (1)
- Ronald Dworkin (1)
- Rule of law (1)
- Sentimentality argument (1)
Articles 1 - 2 of 2
Full-Text Articles in Law and Society
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 …
Law, Literature, And The Celebration Of Authority, Robin West
Law, Literature, And The Celebration Of Authority, Robin West
Georgetown Law Faculty Publications and Other Works
Richard Posner's new book, Law and Literature: A Misunderstood Relation, is a defense of “liberal legalism” against a group of modern critics who have only one thing in common: their use of either particular pieces of literature or literary theory to mount legal critiques. Perhaps for that reason, it is very hard to discern a unified thesis within Posner's book regarding the relationship between law and literature. In part, Posner is complaining about a pollution of literature by its use and abuse in political and legal argument; thus, the “misunderstood relation” to which the title refers. At times, Posner suggests …