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Full-Text Articles in Legal History

'In The Time Of A Woman, Which Sex Was Not Capable Of Mature Deliberation': Late Tudor Parliamentary Relations And Their Early Stuart Discontents, Josh Chafetz Jul 2013

'In The Time Of A Woman, Which Sex Was Not Capable Of Mature Deliberation': Late Tudor Parliamentary Relations And Their Early Stuart Discontents, Josh Chafetz

Cornell Law Faculty Publications

The English Civil War is one of the seminal events in Anglo-American constitutional history. Oceans of ink have been spilled in debating its causes, and historians have pointed to a number of salient divisions along economic, social, political, and religious lines. But a related, and equally important, question has gone largely ignored: what allowed the House of Commons, for the first time in English history, to play the lead role in opposing the Crown? How did the lower house of Parliament develop the constitutional self-confidence that would allow it to organize the rebellion against Charles I?

This Article argues that …


Law And The Creation Of Meaning: A Brief Reflection On The Work Of Jane Larson, Gerald Torres Jul 2013

Law And The Creation Of Meaning: A Brief Reflection On The Work Of Jane Larson, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.


Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein Mar 2013

Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein

Cornell Law Faculty Publications

Some believe that the harm or benefit of existence is assessed by comparing a person’s actual state of well-being with the level of well-being they would have had had they never existed. This approach relies on ascribing a state or level of well-being to “nonexistent people,” which seems a peculiar practice: how can we attribute well-being to a “nonexistent person”? To explain away this oddity, some have argued that because no properties of well-being can be attributed to “nonexistent people” such people may be ascribed a neutral or zero level of well-being, setting the baseline for comparatively assessing the harm …