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Articles 1 - 6 of 6
Full-Text Articles in Natural Law
Planning For Legality, Jeremy Waldron
Planning For Legality, Jeremy Waldron
Michigan Law Review
What is law like? What can we compare it with in order to illuminate its character and suggest answers to some of the perennial questions of jurisprudence? Natural lawyers compare laws to moral propositions. A human law is an attempt by someone who has responsibility for a human community to replicate, publicize, and enforce a proposition of objective morality such as "Killing is wrong." Law is like moral reasoning, say the natural lawyers, and laws should be regarded as principles of right reason (principles that reason dictates as answers to the moral questions that need to be addressed in human …
Some Natural Confusions About Natural Law, Philip Soper
Some Natural Confusions About Natural Law, Philip Soper
Michigan Law Review
To describe this renewed interest in natural law as a resurgence does imply, no doubt, that the ideas associated with the concept are too vital to be put permanently to rest; but resurgence also implies that natural law, for whatever reason, has been assigned the role of challenger to the reigning orthodoxy, rather than that of defending champ. By and large, this inference about the role assigned to natural law by the general public is, I think, correct. Natural law seems to evoke a degree of skepticism in our society that forces any theory that goes by the name to …
The Realm Of Rights, Richard J. Mooney
The Realm Of Rights, Richard J. Mooney
Michigan Law Review
A Review of The Realm of Rights by Judith Jarvis Thomson
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, …
Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer
Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer
Michigan Law Review
A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman
Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson
Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson
Michigan Law Review
A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.