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Callister Freedom Essay 1.22.Repository.Submission.Pdf, Paul D. Callister 2016 University of Missouri-Kansas City

Callister Freedom Essay 1.22.Repository.Submission.Pdf, Paul D. Callister

Paul D. Callister

Freedom is overlooked as a legal and social concept, with few attempts to define it.  Lon Fuller articulated the critical question about freedom:  “How can the freedom of human beings be affected or advanced by social arrangement, that is by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?”  Freedom needs to be defined in the context of this question—as an ideal to be advanced by our social institutions, laws, and customs.  The article first begins with a framework for freedom established by Lon Fuller in a neglected article ...


What Is Meant By Freedom?, Paul D. Callister 2016 University of Missouri-Kansas City

What Is Meant By Freedom?, Paul D. Callister

Paul D. Callister

Freedom is overlooked as a legal and social concept, with few attempts to define it.  Lon Fuller articulated the critical question about freedom:  “How can the freedom of human beings be affected or advanced by social arrangement, that is by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?”  Freedom needs to be defined in the context of this question—as an ideal to be advanced by our social institutions, laws, and customs.  The article first begins with a framework for freedom established by Lon Fuller in a neglected article ...


Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, Amy Sepinwall 2016 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, Amy Sepinwall

Amy J. Sepinwall

There is in the criminal law perhaps no principle more canonical than the fault principle, which holds that one may be punished only where one is blameworthy, and one is blameworthy only where one is at fault. Courts, criminal law scholars, moral philosophers and textbook authors all take the fault principle to be the foundational requirement for a just criminal law. Indeed, perceived threats to the fault principle in the mid-Twentieth Century yielded no less an achievement than the drafting of the Model Penal Code, which had as its guiding purpose an effort to safeguard faultless conduct from criminal condemnation ...


Why Tax Wealth Transfers?: A Philosophical Analysis, Jennifer Bird-Pollan 2016 University of Kentucky College of Law

Why Tax Wealth Transfers?: A Philosophical Analysis, Jennifer Bird-Pollan

Jennifer Bird-Pollan

The one-hundredth anniversary of the estate tax provides an ideal moment to reflect on the role of wealth transfer taxation in the larger scheme of the U.S. tax system. Wealth and income inequality are at historically high levels, and the responses to these issues are often reduced to a simplistic political dichotomy of “right” versus “left.” The multitude of views of the American people cannot be reduced to such simple generalities without losing important nuances. This Article identifies three general categories of political philosophical viewpoints that are commonly endorsed by both politicians and everyday Americans, and then examines the ...


Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster 2016 American University, Washington College of Law

Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster

Fernanda G Nicola

No abstract provided.


Legislative Art As Policy And Pedagogy, Albert Stabler 2016 University of Illinois at Urbana-Champaign

Legislative Art As Policy And Pedagogy, Albert Stabler

Marilyn Zurmuehlen Working Papers in Art Education

The primary medium for artist Laurie Jo Reynolds is that of political lobbying. She refers to her practice as “legislative art,” adapting the term “legislative theater,” a technique for grassroots lawmaking developed and coined by Brazilian director and playwright Augusto Boal, who both founded the Theater of the Oppressed and served as a member of the Rio city government from 1993 to 1997. By linking the discourses of art and law, Reynolds’ practice can be understood as a form of education, highlighting the restrictions required for creativity, and the possibilities afforded by structure. In my essay I bring together European ...


Freedom, Benefit And Understanding: Reflections On Laurence Claus's Critique Of Authority, John Finnis 2016 Notre Dame Law School

Freedom, Benefit And Understanding: Reflections On Laurence Claus's Critique Of Authority, John Finnis

John M. Finnis

Written for a symposium in the University of San Diego Law School in September 2013 on Laurence Claus, Law’s Evolution and Human Understanding (New York: Oxford University Press, 2012), this article appears in the final issue of volume 52 of the San Diego Law Review. With new illustrations and considerations suggested by the book, the article argues for a number of theses: “Because I/we say so” is never a reasonable ground or formulation of authoritative acts such as enactments or parental or other orders. The moral authority of rule makers is never peremptory in a binary (all or ...


Morality In Legal Practice, Rev. William F. Cahill 2016 St. John's University School of Law

Morality In Legal Practice, Rev. William F. Cahill

The Catholic Lawyer

No abstract provided.


Civil Disobedience And Natural Law, Mark R. MacGuigan 2016 St. John's University School of Law

Civil Disobedience And Natural Law, Mark R. Macguigan

The Catholic Lawyer

No abstract provided.


Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher 2016 University of Maryland Francis King Carey School of Law

Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher

Endnotes

No abstract provided.


The Tragedy Of Justice Scalia, Mitchell N. Berman 2016 University of Pennsylvania Law School

The Tragedy Of Justice Scalia, Mitchell N. Berman

Faculty Scholarship

Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia ...


Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, III 2016 Selected Works

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Robert Bartlett

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for ...


The Death Penalty In Traditional China, Chin Kim, Theodore R. LeBlang 2016 University of Illinois

The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang

Georgia Journal of International & Comparative Law

No abstract provided.


The Cultural Limits Of Legal Tolerance, Benjamin Berger 2016 Osgoode Hall Law School of York University

The Cultural Limits Of Legal Tolerance, Benjamin Berger

Benjamin L Berger

This article presents the argument that our understanding of the nature of the relationship between modern constitutionalism and religious difference has suffered with the success of the story of legal tolerance and multiculturalism. Taking up the Canadian case, in which the conventional narrative of legal multiculturalism has such purchase, this piece asks how the interaction of law and religion - and, in particular, the practices of legal tolerance - would look if we sought in earnest to understand law as a component, rather than a curator, of cultural diversity in modern liberal societies. Understanding the law as itself a cultural form forces ...


Alcance Y Límites Del Principio De Proporcionalidad, Juan Carlos Riofrío Martínez-Villalba 2016 Universidad de los Hemisferios

Alcance Y Límites Del Principio De Proporcionalidad, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

RESUMEN: El presente trabajo analiza el alcance y los límites del principio de proporcionalidad en el derecho comparado, desde una perspectiva abstracta-metafísica y con una metodología inductiva. Debido a que su extensa aplicación en la práctica no siempre ha sido muy correcta, la investigación procura definir cuál es el sentido original del principio y cuáles son sus límites. Se pasan revista a tres clases de límites, en su orden: 1. los presupuestos de aplicación del principio (llamados límites a priori), sin los cuales sería irracional aplicarlo; 2. los límites del funcionamiento del principio que, o bien son límites internos imputables ...


Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand 2016 Harvard Law School

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


The Ontogenesis Of The Human Person: A Neo-Aristotelian View, Mathew Lu 2016 University of St. Thomas, Minnesota

The Ontogenesis Of The Human Person: A Neo-Aristotelian View, Mathew Lu

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


When Is A Human Being Not A Legal Person? Lethal Ramifications At The Beginning Of Life, Dwight G. Duncan 2016 University of St. Thomas, Minnesota

When Is A Human Being Not A Legal Person? Lethal Ramifications At The Beginning Of Life, Dwight G. Duncan

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Kermit Gosnell And Uncle Tom's Cabin, Michael Stokes Paulsen 2016 University of St. Thomas School of Law

Kermit Gosnell And Uncle Tom's Cabin, Michael Stokes Paulsen

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The "Teach The Controversy" Controversy, David K. DeWolf 2016 University of St. Thomas, Minnesota

The "Teach The Controversy" Controversy, David K. Dewolf

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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