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

Legal History Commons

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

Articles 1 - 3 of 3

Full-Text Articles in Legal History

Imperatives, Normativity, And The Law, Gregory Silverman Jan 1999

Imperatives, Normativity, And The Law, Gregory Silverman

Faculty Articles

In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account …


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1999

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.


On Hate And Equality, Alon Harel, Gideon Parchomovsky Jan 1999

On Hate And Equality, Alon Harel, Gideon Parchomovsky

All Faculty Scholarship

Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …