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Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu 2018 Duke Law School

Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu

Faculty Scholarship

In "The Dignity of Commerce", Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing that is a refreshing and welcome contribution in an era of market alarmism. But the market theory ultimately falls short as either a normative or prescriptive theory of contract. The extent to which law, public policy, and theory should account for values other ...


The Promotion Of Personhood Is A Principal Good Of Law, Scott T. FitzGibbon 2017 Boston College Law School

The Promotion Of Personhood Is A Principal Good Of Law, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

A great good promoted by a well constructed legal system is the protection and promotion of character. Many other purposes prove to be justifiable, if at all, based on their instrumentality to this good.

When guided by this thesis, jurisprudence brings the discussion of law – what law is and what law ought to be – into constant conversation with anthropology: the perennial inquiry which our species conducts into the nature of the person.


61. The Relation Between Children’S False Statements And Response Latency, Executive Functioning, And Truth-Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon 2017 University of Southern California Law

61. The Relation Between Children’S False Statements And Response Latency, Executive Functioning, And Truth-Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

This study examined relations between children’s false statements and response latency, executive functioning, and truth-lie understanding in order to understand what underlies children’s emerging ability to make false statements. A total of 158 (2- to 5-year-old) children earned prizes for claiming that they were looking at birds even when presented with images of fish. Children were asked recall (“what do you have?”), recognition (“do you have a bird/fish?”), and outcome (“did you win/lose?”) questions. Response latencies were greater when children were presented with fish pictures than bird pictures, particularly when they were asked recall questions, and ...


Objective And Subjective Tests In The Law, R. George Wright 2017 Indiana University Robert H. McKinney School of Law

Objective And Subjective Tests In The Law, R. George Wright

University of New Hampshire Law Review

Across many subject areas, the law commonly attempts to distinguish between objective and subjective tests, and to assess the merits of objective as opposed to subjective legal tests. This Article argues that all such efforts are fundamentally incoherent and ultimately futile in practice. As demonstrated below, what the law takes to be objective in the relevant sense is essentially constituted by what the law takes to be subjective, and vice versa. Judicial preoccupation with objective and subjective tests thus does no more than distract from more meaningful concerns. Judicial attention should be directed away from this hopeless distinction, and instead ...


Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam 2017 University of Maine School of Law

Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam

Maine Law Review

Count Alexis de Tocqueville's Democracy in America has been said to be "at once the best book ever written on democracy and the best book ever written on America. " This praise should perhaps be tempered by consideration of Tocqueville' s purposes and the historical circumstances within which he worked and understood both democracy and America. Yet Tocqueville's insights into American democracy as of the 1830s undoubtedly constitute a rich source of constitutional thought-either as support for particular constitutional principles or as constitutional ideas that should be contested. In a recent notable instance, John McGinnis has argued that Tocqueville ...


Development And Nation Building: A Framework For Policy-Oriented Inquiry, W. Michael Reisman 2017 University of Maine School of Law

Development And Nation Building: A Framework For Policy-Oriented Inquiry, W. Michael Reisman

Maine Law Review

We use the term “development” to refer to decision processes and decision outcomes which have been designed to induce the shaping and sharing of all values within and among territorial communities in ways and with consequences approximating the goal values of a world order of human dignity. The component of purposive direction toward these postulated goal values distinguishes development from social change more generally. Social change, it will be noted, is an ineluctable feature of social process, for all actors are constantly seeking to change parts of the social process with the aim of making it discriminate in their favor ...


Euthanasia, The Gentle Death: A Legal And Ethical Prospectus On The Right To Die, Kirkland Alan Fulk 2017 St. John's University School of Law

Euthanasia, The Gentle Death: A Legal And Ethical Prospectus On The Right To Die, Kirkland Alan Fulk

The Catholic Lawyer

No abstract provided.


Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson 2017 Texas A&M University School of Law

Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson

Brian Larson

Researchers and practitioners in naturallanguage processing (NLP) and related fields should attend to ethical principles in study design, ascription of categories/variables to study participants, and reporting of findings or results. This paper discusses theoretical and ethical frameworks for using gender as a variable in NLP studies and proposes four guidelines for researchers and practitioners. The principles outlined here should guide practitioners, researchers, and peer reviewers, and they may be applicable to other social categories, such as race, applied to human beings connected to NLP research.


The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender 2017 Seattle University School of Law

The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender

Seattle University Law Review

Prompted by the teachings of Pope Francis conveyed through such writings as the Evangelii gaudium and Laudato si’, the symposium—titled The Teachings of Pope Francis: Towards a Vision of Social Justice and Sustainable Capitalism?—brought an impressive and diverse array of interdisciplinary scholars to Seattle University School of Law in February 2017. Speakers included economists, law professors, and theologians with a wide array of expertise on daunting policy issues facing the Global South and North. Fittingly, a Jesuit law school with a diverse faculty hosted the symposium centering, critiquing, and expanding the teachings of the first Jesuit Pope. Many ...


Social Justice And The American Law School Today: Since We Are Made For Love, Michael Kaufman 2017 Seattle University School of Law

Social Justice And The American Law School Today: Since We Are Made For Love, Michael Kaufman

Seattle University Law Review

This Article is intended to facilitate that new dialogue by finding a series of profound provocations in the Pope’s teachings. First, the Pope provokes us to consider whether our existing education and economic systems are based on an incomplete understanding of human nature.5 The first section contends that the understanding that human beings are by nature competitive and consumptive wealth maximizers is not only contrary to the Pope’s teachings but also contrary to the latest research in the fields of neuroscience, neuro-psychology, cognitive psychology, educational psychology, economics, and behavioral economics. Second, the Pope provokes us to consider ...


Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez 2017 Seattle University School of Law

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Seattle University Law Review

The first part of this Article will synthesize the key teachings of Pope Francis from his most important statements on economic structures and social justice and situate these teachings within contemporary economic realities and traditional social justice teachings. Part II of this Article will demonstrate that the Pope’s teachings on social justice fundamentally reflect the best learning from economists on how to sustain economic growth. Part III of this Article will show that nations that undertake policies to pursue the fundamental tenets of the Pope’s teachings (such as minimizing childhood poverty) also perform the best in achieving high ...


A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi 2017 Seattle University School of Law

A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi

Seattle University Law Review

This is a critique of Pope Francis’s encyclical Laudato si’. The author summarizes and examines Pope Francis’s description of the problem, analysis of the roots of the problem, and proposed solution of the problem within the context of the Roman Catholic tradition. The author concludes that the encyclical abandons rigorous argument, as it lists complaints without offering substantive alternatives.


Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha 2017 Seattle University School of Law

Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha

Seattle University Law Review

The theme of this Article contrasts the perspective of Papa Francisco on the subject of migration, juxtaposing his blueprint of mercy as the point of departure, with the oppositional resistance, which is based on various dimensions of fear. This perspective will be contextualized within the framework of both American immigration law and within the parameters of international human rights and transnational migration. Part I of this Article will consider the paradigm of mercy and fear in light of the various provisions of federal American immigration law in their historical context. It will recount many of the restrictive and nativist episodes ...


Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell 2017 Seattle University School of Law

Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell

Seattle University Law Review

This Essay considers the 2015 papal encyclical Laudato si’s engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world, while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si’ is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening ...


A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau 2017 Seattle University School of Law

A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau

Seattle University Law Review

Are all human beings of equal moral worth? If so, does this proposition generate moral obligations to others that transcend national and cultural boundaries? Cosmopolitans would answer yes to each of these questions, as would Pope Francis and Catholic Social Teaching (CST). Given our interconnected economic system, a global perspective on justice is not only pragmatic but also morally essential. In recent years, however, what had been an emerging consensus centered on a cosmopolitan view of the reciprocal responsibilities of nations has been stifled by a rising tide of nationalism and right-wing populism. As a right-wing populist leader of a ...


Where Morality And The Law Coincide: How Legal Obligations Of Bystanders May Be Informed By The Social Teachings Of Pope Francis, Amelia J. Uelmen 2017 Seattle University School of Law

Where Morality And The Law Coincide: How Legal Obligations Of Bystanders May Be Informed By The Social Teachings Of Pope Francis, Amelia J. Uelmen

Seattle University Law Review

Since the beginning of his pontificate, Pope Francis has offered to the world powerful signs of how we should aspire to treat each other as human beings, as brothers and sisters in the one human family. He has communicated his message and his teachings in myriad ways: through symbolic gestures; his presence and words at gatherings in our world’s most troubled places; brief messages, homilies and meditations; and official documents that continue the application of the principles of Catholic social teaching to contemporary social questions. What might these prophetic signs and statements mean for the dialogue between Catholic social ...


Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin 2017 University of Maine School of Law

Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin

Maine Law Review

One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It ...


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn 2017 Northwestern Pritzker School of Law

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice, 2017 Northwestern University School of Law

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler 2017 Sam Houston State University

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


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