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

Legal Theory Commons

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

1,097 Full-Text Articles 696 Authors 1,395,275 Downloads 108 Institutions

All Articles in Legal Theory

Faceted Search

1,097 full-text articles. Page 26 of 35.

Table Annexed To Article: Franklin’S Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Franklin’S Dilemma: Per Capita Meets Per Stirpes At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

At the federal convention, Benjamin Franklin highlighted the difference between the two voting regimes which divide the logical possibilities between them: per capita and per stirpes. Franklin forced the convention to consider what process was best designed to overcome the presumption of rejection by which assemblies are deemed to have rejected action.


The Joy Of Text And Numbers, Peter J. Aschenbrenner 2012 Purdue University

The Joy Of Text And Numbers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The text writers of the Philadelphia Constitution divided their product into seven Articles, subdividing five of these Articles into Sections. This presentation was challenged by James Madison in his proposal for a Bill of Rights. What is the deeper understanding of assigning numbers (of one dimension) to text (of two dimensions)?


Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured


Table Annexed To Article: Of ‘This’ And ‘That’ In The Early Constitution, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Of ‘This’ And ‘That’ In The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Early Constitution’s deployment of ‘that’ and ‘this’ are surveyed and tabled.


Table Annexed To Article: Color Me 'Not', Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Color Me 'Not', Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘Not’ makes thirty-four appearances in the Early Constitution which usages break down into sixteen logical ‘nots’ and eighteen abverbial instances. Results are surveyed.


Table Annexed To Article: What Happened On July 6, 1787 And Why It Matters, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: What Happened On July 6, 1787 And Why It Matters, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the Philadelphia convention provided for per stirpes voting, that is, voting by state, but set the quorum requirement at seven and the action requirement at four, that is, an arithmetic majority/majority. Divided states (delegates equal in number on each side of a question) were counted towards the quorum requirement. The significance of a disputed vote on July 6 is explained.


When You're 'Not' You're Hot: Why The Writers Of Our Corrective Constitution (1789-1804) Loved The Adverbial ‘Not’, Peter J. Aschenbrenner 2012 Purdue University

When You're 'Not' You're Hot: Why The Writers Of Our Corrective Constitution (1789-1804) Loved The Adverbial ‘Not’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The texture of Corrective Constitution varies dramatically from the Philaelphia Constitution. Take ‘not,’ which makes thirty-four appearances in the Early Constitution with seven uses of the abverbial ‘not’ employed in the twelve amendments drafted, adopted and ratified 1789-1804, which OCL names this Our Corrective Consitution. Bentham and Madison are surveyed to mine an explanation for variance in texture of the two constitutions.


Table Annexed To Article: Positive And Negative Colours In The Corrective Constitution, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Positive And Negative Colours In The Corrective Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Corrective Constitution contains many more negative than positive colours, deploying ‘not,’ ‘nor,’ and ‘no’ twenty-five times in 903 words. Results are tabled and analysed.


Table Annexed To Article: Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Officials whose conduct is prohibited are identifiable through the text of the Corrective Constitution; results are surveyed.


Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL directs attention to the logics and feasibilities anterior to the crafting of constitutional text. The Federalist Papers is thoroughly committed to exploring these logics – spatial, discrete and predicate – insofar as the format (two thousand word articles in newspapers, offering comment on issues-of-the-day, especially ratification of the proposed Philadelphia constitution) will permit. The ninety-three ‘hits’ on ‘science,’ ‘logic,’ ‘math-,’ ‘abstract,’ ‘theory,’ and so forth receive due attention.


Table Annexed To Article: Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Thirty-two of the fifty-five delegates who attended the federal convention went on to attend a ratifying convention; twenty-five are Yes-Founders and one, Gov. Edmund Randolph, won his ‘SuperFounder’ status at the Virginia Ratifying Convention. Never before surveyed as a group, the table annexed names the SuperFounders and details their opposite numbers, the NoFounders.


Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter J. Aschenbrenner 2012 Purdue University

Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured


Table Annexed To Article: Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

A standardized format for presenting machine-readable text is offered. The Early Constitution’s 5,223 words appear without ‘Article,’ ‘Section,’ or other signals. Applications, including Voyant and proprietary programs, are best employed on text presented in such format. This development is explained.


Table Annexed To Article: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

An experiment in deconstructing the Bill of Rights is offered. Each of the 461 words is broken into syllables and the numeric value (syllables per word) appears. Ten segments mirror the ten articles of Amendment.


Table Annexed To Article: Machine-Readable Text Of The Federalist Papers, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Machine-Readable Text Of The Federalist Papers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Machine-readable text of The Federal Papers is presented as a resource for the reader of Our Constitutional Logic.


Table Annexed To Article: Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Officials whose conduct is prohibited are identifiable through the text of the Corrective Constitution; results are surveyed.


Table Annexed To Article: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

An experiment in deconstructing the Bill of Rights is offered. Each of the 461 words is broken into syllables and the numeric value (syllables per word) appears. Ten segments mirror the ten articles of Amendment.


The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter J. Aschenbrenner 2012 Purdue University

The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveals our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers, even if it would come as a surprise to all but the good Doctor Franklin.


Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

How can so many unanimous decisions result from the decision-making of judges appointed by Presidents of different parties? Decisions (2000-2010) are surveyed.


Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner 2012 Purdue University

Machine-Readable Text Of The Early Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

A standardized format for presenting machine-readable text is offered. The Early Constitution’s 5,223 words appear without ‘Article,’ ‘Section,’ or other signals. Applications, including Voyant and proprietary programs, are best employed on text presented in such format. This development is explained.


Digital Commons powered by bepress