Philosophy Commons^™

All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins

West Virginia Law Review

No abstract provided.

Need, Necessity, And Political Obligation, David B. Lyons

Faculty Scholarship

In Law and Obedience, Professor Woozley denies that there is an obligation to obey the law just because it is the law. Professor Honoré disagrees. He does so, however, not by offering small criticisms of what he calls "the skeptical philosophy," but by giving us a vigorous and original argument for the more conventional, conformist view.

Authority And Consent, Joseph Raz

Faculty Scholarship

My starting point is the assumption that there is no general obligation to obey the law, not even a prima facie obligation and not even in a just society. This assumption is perhaps becoming more popular. In recent years it has been defended by several writers. There is more that needs to be said in its support, but I will not attempt to do so here. Instead, I will reflect on a problem posed by accepting it, a problem concerning the relations between an individual citizen and the state. It is common to think that the state has authority over …

History And Development Of Federal Animal Welfare Regulations, Pierre A. Chaloux, Max B. Heppner

International Journal for the Study of Animal Problems

In recent years, Congress has passed a number of laws that direct various government agencies to safeguard animal welfare. Our own agency has been involved principally in enforcing the Animal Welfare Act and the Horse Protection Act, and therefore we will limit this discussion to these two laws.

The Animal Welfare Act was passed in 1966 and amended in 1970 and 1976. The Act uses a system of licensing and registration to regulate a number of non-farm businesses and organizations. These groups are required to provide humane care and treatment to regulated animals, which include hamsters, guinea pigs, rabbits, dogs, …

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

Vietnam Amnesty – Problems Of Justice And Line-Drawing, Kent Greenawalt

Faculty Scholarship

The troublesome issue of pardon for crimes connected with the Vietnam War raises some of the most complex and difficult questions in the philosophy of law. What are the purposes of criminal punishment? Under what conditions is violation of obligations imposed by law morally justified? When, and on what conditions, is it proper to excuse those who have violated the law for conscientious reasons? How much should decisions whether to pardon turn on what offenders "deserve" and how much should they turn on what will be socially acceptable and promote future social harmony? How far should the desirability of dispositions …

The Good Society And The Complexity Of The Structure Of Morality, Hector-Neri Castaneda

IUSTITIA

In this paper I have two main purposes: (i) to outline the most general structure of morality, which is the fundamental schema of a good society, and (ii) to indict most of the mainstream views in the history of moral philosophy for their unchecked tendency toward reductionism and oversimplification. The tendency to oversimplification appears both in the gathering of the data for philosophical theorizing and in the theorizing itself. I will also point out another major recurring error in moral philosophy. I envision the day when moral philosophers, after examining their ontological and their methodological assumptions, rally to the banner …

On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons

Faculty Scholarship

There are limits to the possible subjects of justification. Typically, it concerns human behavior and things that human intervention can affect. Failing special circumstances, it makes no sense to speak of justifying the weather. There may be other limits to the class of possible subjects for justification; for example, it is sometimes said that a thing cannot be justified unless it has been indicted, though it is not clear how this claim should be taken. For there simply may be no point in bothering to justify something that is not suspect in some way, and the relevant condition can generally …

The Nature Of The Contract Argument, David B. Lyons

Faculty Scholarship

As truth is the first virtue of belief, so justice is of social institutions. That is John Rawls's view, and it seems true, at any rate, of the law. Official acts, laws, and legal arrangements generally are characterized as just or unjust, while other moral categories are much less frequently invoked. Justice seems inseparable from good law. It is therefore striking and important that justice has recently been regarded by prominent legal theorists as rationally disreputable--as, in Kelsen's words, "an irrational idea." Many divergent conceptions of social justice have been propounded, and it is held that there is no rational …

A Theory Of Respect, Richard Stith

Law Faculty Publications

To understand and to describe the feeling we call "respect" is the purpose of this thesis. Relying primarily upon the method of phenomenology, the contours of this often. invoked moral feeling are developed and a pattern and structure are therein discerned.

General issues of methodology as well as specific problems of access to the phenomenon of respect are first considered. Respect for persons qua persons is eschewed as a focus~ in order that our analysis not become excessively entangled in the nature of personhood. Rather, we turn to those particular individuals for whom we each have at some time felt …

On Formal Justice, David B. Lyons

Faculty Scholarship

A number of legal and political theorists have suggested that public officials who fail to act within the law that they administer act unjustly. This does not mean that injustice is always likely to be done merely because it often happens to be done when officials depart from the law. Some writers have held that injustice is done whenever an official fails to act within the law, regardless of the circumstances. I shall call this type of view "formal justice."

Logic And Coercion In Bentham's Theory Of Law, David B. Lyons

Faculty Scholarship

Unlike conventional moral standards and other social rules, laws can be deliberately laid down and changed by specified procedures. It therefore seems reasonable to think of laws as issuing from or adopted by lawmakers who are ordinary human beings. Since laws tell us what must or must not be done, and since there is some temptation to understand all laws on the same pattern, it is natural to think of them as either commands or prohibitions. This is indeed a traditional view.

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz

San Diego Law Review

The address was delivered by Mr. Wirtz at the annual meeting of the Association of American Law Schools held in Los Angeles on December 29, 1963. Because they were addressed to the particular group assembled and depended for their meaning upon circumstances existing at the time, certain introductory comments have been deleted.

A Note On Symbolic Logic And The Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Xiii. Political Liberalism And Nationalism, 1815-1871, Robert L. Bloom, Basil L. Crapster, Harold A. Dunkelberger, Charles H. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart

Section XIII: Political Liberalism and Nationalism, 1815-1871

The first half of the nineteenth century saw the emergence of two secular faiths which became key features of Western thought: political liberalism and nationalism- Their tenets were not wTiblly ne^ As~early as the lourteenth century when medieval feudalism was giving way to the rising national state, Marsiglio of Padua (c. 1275 - c, 1343) had announced that political authority was properly lodged in the people. The seventeenth century had produced in John Locke (1632-1704) a man whose ideas on government later became a wellspring for political liberalism. The same era also found nationalism accentuated by colonial rivalries and mercantilist …

The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann

Indiana Law Journal

No abstract provided.

Plato's Legal Philosophy, Jerome Hall

Indiana Law Journal

No abstract provided.

Book Reviews, Cornelius J. Moynihan, John Hanna, Walter Dunham Jr., Marshman S. Wattson, Harold J. Berman, L. H. Rhinelander, William D. Warren

Journal of Legal Education

No abstract provided.

Legal Philosophy From Plato To Hegel, By Huntington Cairns, Jerome Frank

Indiana Law Journal

No abstract provided.

Book Review. Cairns, H., Legal Philosophy From Plato To Hegel, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb

Stone-Campbell Books

No abstract provided.