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Articles 1 - 18 of 18

Full-Text Articles in Legal History

The Ontological Foundations Of The Debate Over Originalism, André Leduc Jan 2015

The Ontological Foundations Of The Debate Over Originalism, André Leduc

Washington University Jurisprudence Review

Because the participants in the debate over constitutional originalism generally understand the controversy to be over a matter of the objective truth of competing interpretations of the Constitution, they do not believe that their mission is to persuade the other side. When what is at stake is a matter of objective truth, subjective opinions are of less moment.

This Article begins the long overdue transcendence of our increasingly fruitless and acrimonious debate over originalism by articulating the tacit philosophical premises that make the debate possible. It demonstrates that originalism, despite its pretensions to common sense and its disavowal of abstruse ...


Rationality, Legitimacy, & The Law, Daniel Z. Epstein Nov 2014

Rationality, Legitimacy, & The Law, Daniel Z. Epstein

Washington University Jurisprudence Review

American legal realism was committed to examining legal reasoning in terms of the actual experiences of judges. Because the realist project sought to use social science tools to examine human nature, the contemporary rise of cognitive neuroscience provides an occasion for re-examining legal realism’s foundational critique of the law. Realism’s attempt to examine “the actual facts of judicial behavior” and to pursue a “scientific description and prediction of judicial behavior” appears to be a suitable vehicle for considering the relevance of cognitive neuroscience for legal theory. Cognitive neuroscience has provided convincing evidence for rejecting the traditional bifurcation between ...


Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser Jan 2014

Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser

Washington University Jurisprudence Review

No abstract provided.


Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss Jan 2014

Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss

Washington University Jurisprudence Review

No abstract provided.


Reconstructing Constitutional Punishment, Paulo Barrozo Jan 2014

Reconstructing Constitutional Punishment, Paulo Barrozo

Washington University Jurisprudence Review

Constitutional orders punish—and they punish abundantly. However, analysis of the constitutionality of punishment tends to be reactive, focusing on constitutional violations. Considered in this light, the approach to constitutional punishment rests on conditions of unconstitutionality rather than proactively on the constitutional foundations of punishment as a legitimate liberal-democratic practice. Reactive approaches are predominantly informed by moral theories about the conditions under which punishment is legitimate. In contrast, proactive approaches call for a political theory of punishment as a legitimate practice of polities. This Article integrates the reactive and proactive approaches by bridging the divide between moral and political theories ...


Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii Jan 2014

Holding The Bench Accountable: Judges Qua Representatives, John L. Warren Iii

Washington University Jurisprudence Review

No abstract provided.


Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock Jan 2014

Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock

Washington University Jurisprudence Review

No abstract provided.


An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen Jan 2014

An Argument For Incentivizing Voluntary Regulation Of The Fashion And Modeling Industries, Allison Clyne Tschannen

Washington University Jurisprudence Review

No abstract provided.


Reflective Judgment, Determinative Judgment, And The Problem Of Particularity, Angelica Nuzzo Jan 2013

Reflective Judgment, Determinative Judgment, And The Problem Of Particularity, Angelica Nuzzo

Washington University Jurisprudence Review

No abstract provided.


Kant On Teleological Thinking And Its Failures, Manfred Baum Jan 2013

Kant On Teleological Thinking And Its Failures, Manfred Baum

Washington University Jurisprudence Review

No abstract provided.


An Interest In The Impossible, Todd Kesselman Jan 2013

An Interest In The Impossible, Todd Kesselman

Washington University Jurisprudence Review

No abstract provided.


The Regress Argument In Kant, Wittgenstein, And The Pittsburgh "Pragmatists", Joseph Margolis Jan 2013

The Regress Argument In Kant, Wittgenstein, And The Pittsburgh "Pragmatists", Joseph Margolis

Washington University Jurisprudence Review

No abstract provided.


Introduction, Angelica Nuzzo, David Gray Carlson Jan 2013

Introduction, Angelica Nuzzo, David Gray Carlson

Washington University Jurisprudence Review

No abstract provided.


Kant On Art And Truth After Plato, Tom Rockmore Jan 2013

Kant On Art And Truth After Plato, Tom Rockmore

Washington University Jurisprudence Review

No abstract provided.


The Problem Of Purposiveness And The Objective Validity Of Judgments In Kant's Theoretical Philosophy, Rolf-Peter Horstmann Jan 2013

The Problem Of Purposiveness And The Objective Validity Of Judgments In Kant's Theoretical Philosophy, Rolf-Peter Horstmann

Washington University Jurisprudence Review

No abstract provided.


Is A Determinant Judgment Really A Judgment?, Rodolphe Gasché Jan 2013

Is A Determinant Judgment Really A Judgment?, Rodolphe Gasché

Washington University Jurisprudence Review

No abstract provided.


Relating Kant's Theory Of Reflective Judgment To The Law, Rudolf A. Makkreel Jan 2013

Relating Kant's Theory Of Reflective Judgment To The Law, Rudolf A. Makkreel

Washington University Jurisprudence Review

No abstract provided.


Effect Precedes Cause: Kant And The Self-In-Itself, David Gray Carlson Jan 2013

Effect Precedes Cause: Kant And The Self-In-Itself, David Gray Carlson

Washington University Jurisprudence Review

No abstract provided.