July 1, 2020: Originalism Is Dead, 2020 Duquesne University
July 1, 2020: Originalism Is Dead, Bruce Ledewitz
Hallowed Secularism
Blog post, “Originalism Is Dead“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 27, 2020: Report On The Universe Is On Our Side, 2020 Duquesne University
June 27, 2020: Report On The Universe Is On Our Side, Bruce Ledewitz
Hallowed Secularism
Blog post, “Report on The Universe Is On Our Side“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 21, 2020: Is Every White Person A Racist?, 2020 Duquesne University
June 21, 2020: Is Every White Person A Racist?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Every White Person a Racist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Racism Is White People’S Fault. It’S Our Responsibility To End It, 2020 Duquesne University
Racism Is White People’S Fault. It’S Our Responsibility To End It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
June 20, 2020: White Racism Matters, 2020 Duquesne University
June 20, 2020: White Racism Matters, Bruce Ledewitz
Hallowed Secularism
Blog post, “White Racism Matters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 8, 2020: James Bennet Resigns, 2020 Duquesne University
June 8, 2020: James Bennet Resigns, Bruce Ledewitz
Hallowed Secularism
Blog post, “James Bennet Resigns“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Between Evidence And Facts: An Argumentative Perspective Of Legal Evidence, 2020 East China University of Political Science and Law, Wenbo Academy
Between Evidence And Facts: An Argumentative Perspective Of Legal Evidence, Wenjing Du, Minghui Xiong
OSSA Conference Archive
In this paper, we will present an argumentative view of legal evidence. In an argumentation-based litigation game, the only purpose of the suitor (S) or the respondent (R) is to maximize their own legal rights while the purpose of the trier (T) is to maintain judicial fairness and justice. Different selections of evidence and different orders of presenting evidence will lead to different case-facts and even adjudicative results, the purpose of litigation is to reconcile a balance among the three parties - S, R, and T.
June 5, 2020: On Criticizing Our Side, 2020 Duquesne University
June 5, 2020: On Criticizing Our Side, Bruce Ledewitz
Hallowed Secularism
Blog post, “On Criticizing Our Side“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, 2020 University of Trento
The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari
OSSA Conference Archive
The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.
“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, 2020 University of Trento
“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin
OSSA Conference Archive
I identify two types of evidence: one based on “linear” rationality (LR) and the other based on “fractal” rationality (FR). For LR, evidence depends only on systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral, etc.) are marginalized. For FR, evidence requires an approach more adherent to the “irregularities” of life. LR philosophically entails a Neoplatonist and Cartesian account on identity, whereas FR entails Plato’s account on identity and diversity as coessential.
Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, 2020 Tilburg University
Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu
OSSA Conference Archive
In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from Dworkin’s ‘rights …
June 3, 2020: Why Have Taxes At All?, 2020 Duquesne University
June 3, 2020: Why Have Taxes At All?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Have Taxes At All?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 31, 2020: Regarding This Moment, 2020 Duquesne University
May 31, 2020: Regarding This Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “Regarding This Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Sister Helen Prejean And The Death Penalty: Decades Of Fighting Capital Punishment, 2020 DePaul University
Sister Helen Prejean And The Death Penalty: Decades Of Fighting Capital Punishment, University Marketing And Communications, Helen Prejean
DePaul Download
Sister Helen Prejean has dedicated her life to opposing the death penalty after she witnessed an execution in her home state of Louisiana. Her efforts have sparked a national dialogue on capital punishment and she has helped shape the Catholic Church’s position on the topic. In 2011, she donated her personal archives to the university to help the DePaul community continue to learn from her work. On this episode of DePaul Download, Sister Helen talks about life’s work and what keeps her going.
May 23, 2020: Every Once In A While…, 2020 Duquesne University
May 23, 2020: Every Once In A While…, Bruce Ledewitz
Hallowed Secularism
Blog post, “Every Once in a while...“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Augustine, Lawyers & The Lost Virtue Of Humility, 2020 The Catholic University of America, Columbus School of Law
Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen
Catholic University Law Review
The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole. Such virtue is allowed, if not required, by …
May 20, 2020: Dropping The Flynn Case Was The Right Thing To Do, 2020 Duquesne University
May 20, 2020: Dropping The Flynn Case Was The Right Thing To Do, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Dropping the Flynn Case Was the Right Thing to do“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 18, 2020: Why Have Taxes At All?, 2020 Duquesne University
May 18, 2020: Why Have Taxes At All?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Have Taxes At All?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Normative Molecule: Patent Rights And Dna, 2020 Texas A&M University School of Law
The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat
Faculty Scholarship
Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on …
May 11, 2020: Why Can’T We Be Reasonable? Because There Is No Such Thing As Reason, 2020 Duquesne University
May 11, 2020: Why Can’T We Be Reasonable? Because There Is No Such Thing As Reason, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Can’t We Be Reasonable? Because There Is No Such Thing As Reason“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.