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Articles 1 - 16 of 16
Full-Text Articles in Social and Behavioral Sciences
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
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Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
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This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely …
Political Authority And Political Obligation, Stephen R. Perry
Political Authority And Political Obligation, Stephen R. Perry
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Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said to entail a general obligation to obey the law, and a general obligation to obey the law is said …
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
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No abstract provided.
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
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Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
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No abstract provided.
The Social Value Of Mortality Risk Reduction: Vsl Vs. The Social Welfare Function Approach, Matthew D. Adler, James K. Hammitt, Nicholas Treich
The Social Value Of Mortality Risk Reduction: Vsl Vs. The Social Welfare Function Approach, Matthew D. Adler, James K. Hammitt, Nicholas Treich
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We examine how different welfarist frameworks evaluate the social value of mortality risk-reduction. These frameworks include classical, distributively unweighted cost-benefit analysis—i.e., the “value per statistical life” (VSL) approach—and three benchmark social welfare functions (SWF): a utilitarian SWF, an ex ante prioritarian SWF, and an ex post prioritarian SWF. We examine the conditions on individual utility and on the SWF under which these frameworks display the following five properties: i) wealth sensitivity, ii) sensitivity to baseline risk, iii) equal value of risk reduction, iv) preference for risk equity, and v) catastrophe aversion. We show that the particular manner in which VSL …
Legal Promise And Psychological Contract, Tess Wilkinson-Ryan
Legal Promise And Psychological Contract, Tess Wilkinson-Ryan
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No abstract provided.
Introduction: Punishment And Culpability, Mitchell N. Berman
Introduction: Punishment And Culpability, Mitchell N. Berman
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No abstract provided.
Culpable Aggression: The Basis For Moral Liability To Defensive Killing, Kimberly Kessler Ferzan
Culpable Aggression: The Basis For Moral Liability To Defensive Killing, Kimberly Kessler Ferzan
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The use of the term, "self-defense, " covers a wide array of defensive behaviors, and different actions that repel attacks may be permissible for different reasons. One important justificatory feature of some defensive behaviors is that the aggressor has rendered himself liable to defensive force by his own conduct. That is, when a culpable aggressor points a gun at a defender, and says, "I am going to kill you," the aggressor's behavior forfeits the aggressor's right against the defender's infliction of harm that is intended to repel the aggressor's attack. Because the right is forfeited, numbers do not count (the …
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
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No abstract provided.
What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen
What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen
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No abstract provided.
Perceptions Of Fairness And Justice: The Shared Aims And Occasional Conflicts Of Legitimacy And Moral Credibility, Josh Bowers, Paul H. Robinson
Perceptions Of Fairness And Justice: The Shared Aims And Occasional Conflicts Of Legitimacy And Moral Credibility, Josh Bowers, Paul H. Robinson
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No abstract provided.
Danger: The Ethics Of Preemptive Action, Larry Alexander, Kimberly Kessler Ferzan
Danger: The Ethics Of Preemptive Action, Larry Alexander, Kimberly Kessler Ferzan
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The law has developed principles for dealing with morally and legally responsible actors who act in ways that endanger others, the principles governing crime and punishment. And it has developed principles for dealing with the morally and legally nonresponsible but dangerous actors, the principles governing civil commitments. It has failed, however, to develop a cogent and justifiable set of principles for dealing with responsible actors who have not yet acted in ways that endanger, others but who are likely to do so in the future, those whom we label "responsible but dangerous" actors (RBDs). Indeed, as we argue, the criminal …
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
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No abstract provided.
Domestic Violence Lawmaking In Asia: Some Innovative Trends In Feminist Lawmaking, Rangita De Silva De Alwis
Domestic Violence Lawmaking In Asia: Some Innovative Trends In Feminist Lawmaking, Rangita De Silva De Alwis
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Domestic violence lawmaking intersects global human rights norms and domestic women's movements. Domestic violence is both a global and local phenomenon. The World Bank argues that domestic violence accounts for one in five lost years in women aged 15-44. The costs range from direct expenses such as medical care and social services to productivity and labor market costs to the psychological toll imposed by the intergenerational transmission of violence. The international women's movement and the international human rights conventions have confirmed that violence in the home is neither a private issue nor a cultural practice. Domestic violence was placed on …