Open Access. Powered by Scholars. Published by Universities.®

Law and Philosophy Commons

Open Access. Powered by Scholars. Published by Universities.®

3,890 Full-Text Articles 1,616 Authors 1,627,221 Downloads 144 Institutions

All Articles in Law and Philosophy

Faceted Search

3,890 full-text articles. Page 49 of 128.

July 14, 2018: Disgraceful Democratic Party Defense Of Peter Strzok, Bruce Ledewitz 2018 Duquesne University

July 14, 2018: Disgraceful Democratic Party Defense Of Peter Strzok, Bruce Ledewitz

Hallowed Secularism

Blog post, “Disgraceful Democratic Party Defense of Peter Strzok“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson 2018 Texas A&M University School of Law

Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson

Brian Larson

This presentation describes an empirical study that asks whether lawyers and judges use legal analogy on a day-to-day basis in a manner that reflects normative standards of reasonableness and rationality. From a theoretical perspective legal philosophers deny, transform, or mystify legal analogy, but lawyers and judges use it every day without comment. The question is important because we expect lawyers and judges use legal analogy thousands of times per day and law schools teach it as a basic skill. The argumentation schemes of informal logic supply a theoretical framework in the form of an argumentation scheme, but we do not …


How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano 2018 Texas A&M University School of Law

How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano

Brian Larson

As academic disciplines mature, professors with specialized interests within their field often gravitate toward each other to pursue their interests collectively. Eventually, members of a group might find themselves collaborating on presentations, articles, or similar endeavors, with the goal of advancing an academic specialty.

To our knowledge, however, few such groups appear to exist in the LRW community (notable exceptions: applied legal storytelling; LWI’s Discipline-Building Working Group’s bibliography program). Our presentation hopes to model how LRW professors can come together to explore a single aspect of the legal writing field. We’ll discuss how we brought together over two dozen professors …


July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz 2018 Duquesne University

July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz

Hallowed Secularism

Blog post, “Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 4, 2018: In Christ There Is Neither Democrat Nor Republican, Bruce Ledewitz 2018 Duquesne University

July 4, 2018: In Christ There Is Neither Democrat Nor Republican, Bruce Ledewitz

Hallowed Secularism

Blog post, “In Christ There Is Neither Democrat nor Republican“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell 2018 Texas Thirteenth Court of Appeals

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …


Sesat Pikir Aplikasi Hermeneutika Hukum Menurut Hans-Georg Gadamer, Fernando Morganda Manullang 2018 Faculty of Law, Universitas Indonesia, Indonesia

Sesat Pikir Aplikasi Hermeneutika Hukum Menurut Hans-Georg Gadamer, Fernando Morganda Manullang

Jurnal Hukum & Pembangunan

Some legal writing written by legal scholars interpret legal text methodologically in their analysis, while seeking its philosophical foundation, namely Hans-Georg Gadamer’s legal hermeneutics. Such hermeneutics is part of Gadamer’s philosophical hermeneutics which can be applied to law, aside from theology and philology. Such hermeneutics employs in general and on ontological level thereof. Such understanding is unknown in jurisprudence, because the interpretation in jurisprudence is more methodological, an idea that Gadamer clearly opposes. Such scholarly legal perspective potentially creates some fallacies towards Gadamer's idea on legal hermeneutics


July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz 2018 Duquesne University

July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can We Agree that not Everything Unions Do is Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman 2018 Georgetown University Law Center

What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Donald Trump has brought new attention to the mendacity of politicians. Both major national newspapers have reported tallies of Trump's false and misleading claims. On November 14, 2017, The Washington Post reported that in the 298 days that President Trump has been president, he had made 1,628 false or misleading claims, telling them at a rate of nine per day in the thirty-five days prior to November 14. Trump, the Post reported, has made fifty false or misleading claims “that he as repeated three or more times.” The Post also catalogued scores of “flip-flops” from Trump. In general, from 2016 …


Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz 2018 Duquesne University

Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz 2018 Duquesne University

June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberal Inconsistency and Arrogance“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 23, 2018: Best Paul Krugman Column Ever, Bruce Ledewitz 2018 Duquesne University

June 23, 2018: Best Paul Krugman Column Ever, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Best Paul Krugman Column Ever“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 18, 2018: We Don’T Live In A Post-Credal Age—Only Power Lives In A Post-Credal Age, Bruce Ledewitz 2018 Duquesne University

June 18, 2018: We Don’T Live In A Post-Credal Age—Only Power Lives In A Post-Credal Age, Bruce Ledewitz

Hallowed Secularism

Blog post, “We Don’t Live in a Post-Credal Age—Only Power Lives in a Post-Credal Age“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 15, 2018: What Is Wrong?, Bruce Ledewitz 2018 Duquesne University

June 15, 2018: What Is Wrong?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport 2018 Texas A&M University School of Law

Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport

Randy D. Gordon

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …


Debt Stigma And Social Class, Michael D. Sousa 2018 Seattle University School of Law

Debt Stigma And Social Class, Michael D. Sousa

Seattle University Law Review

For as long as creditors have been extending credit to consumer debtors, Western society has stigmatized those individuals who failed to repay their financial obligations or who found themselves swamped by unmanageable debt. Over the past three decades, scholars have studied whether the stigma surrounding indebtedness and bankruptcy has declined or increased in American society, mainly due to the sharp spike in consumer bankruptcy filings during the 1990s. These studies have resulted in a general debate over whether debt stigma still exists in society. Absent from the scholarly literature to date is an exploration of whether debtors from different social …


June 12, 2018: My Response To Ross Douthat Column On Free Speech Saving Us, Bruce Ledewitz 2018 Duquesne University

June 12, 2018: My Response To Ross Douthat Column On Free Speech Saving Us, Bruce Ledewitz

Hallowed Secularism

Blog post, “My Response to Ross Douthat Column on Free Speech Saving Us“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Why Won't Free Speech Save Us?, Bruce Ledewitz 2018 Duquesne University

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


June 11, 2018: The Nakba, Bruce Ledewitz 2018 Duquesne University

June 11, 2018: The Nakba, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Nakba“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz 2018 Duquesne University

June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Digital Commons powered by bepress