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Articles 721 - 750 of 1079
Full-Text Articles in Philosophy
The Real Legal Realism, Michael S. Green
Journey Of A Peace Journalist, Robert Koehler
Journey Of A Peace Journalist, Robert Koehler
Center for the Study of Ethics in Society Papers
Presented October 15, 2012. 2012 Winnie Veenstra Peace Lecture.
The Moral Patient, The Honorable Fiduciary, And A Faltering Liberalism: An Exploration Of Professor Bryant's Call To Animal Respect, Iris J. Goodwin
The Moral Patient, The Honorable Fiduciary, And A Faltering Liberalism: An Exploration Of Professor Bryant's Call To Animal Respect, Iris J. Goodwin
Between the Species
Professor Bryant’s article – which seeks to discover whether aspects of an anticruelty statute can be based directly on a call to virtuous conduct – is a provocative piece of scholarship that harbors a much larger question: Can a general principle mandating full respect for animals be developed out of the moral methodology inhering in virtue ethics? Insights garnered in this rejoinder are meant to stand alongside those in Professor Bryant’s article to lend deep moral grounding to animal-respect as well as provide intimations of the way virtue ethics as a moral methodology might yield determinate answers to moral questions. …
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Faculty Articles
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …
Conventional Wisdom About Yugoslavia And Rwanda: Methodological Perils And Moral Implications, Aleksandar Jokić
Conventional Wisdom About Yugoslavia And Rwanda: Methodological Perils And Moral Implications, Aleksandar Jokić
Philosophy Faculty Publications and Presentations
While ostensibly a response to a critique, the main goal of this Article is to demonstrate how easily conventional wisdom, usually shaped by the media and politics, can corrupt scholarship when it is simply presupposed by those engaged in what should be an academic polemic, yet often also includes ‘activism in scholarship’. The examples of approved narratives in the West on Yugoslavia and Rwanda are used for the sake of this demonstration.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Can A Pluralistic Commonwealth Endure?, Brian Mccall
Can A Pluralistic Commonwealth Endure?, Brian Mccall
Faculty Articles
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
Afterword: The Libertarian Middle Way, Randy E. Barnett
Afterword: The Libertarian Middle Way, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Libertarianism is sometimes portrayed as radical and even extreme. In this Afterword to a symposium on "Libertarianism and the Law" in the Chapman Law Review, I explain why, though it may be radical, libertarianism is far from extreme in comparison with its principal alternatives: the social justice of the Left or legal moralism of the Right. Social justice posits that everyone should get a certain amount of stuff; legal moralism posits that everyone should act in a certain way. But because there is no consensus about how much stuff each person should have or how exactly everyone should act, …
What’S Right About The Medical Model In Human Subjects Research Regulation, Heidi Li Feldman
What’S Right About The Medical Model In Human Subjects Research Regulation, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Critics of Institutional Review Board (IRB) practices often base their charges on the claim that IRB review began with and is premised upon a "medical model" of research, and hence a "medical model" of risk. Based on this claim, they charge that IRB review, especially in the social and behavioral sciences, has experienced "mission creep". This paper argues that this line of critique is fundamentally misguided. While it remains unclear what critics mean by "medical model", the point of contemporary human research subjects regulation remains the same across all domains of research. That point is to protect the autonomy of …
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Georgetown Law Faculty Publications and Other Works
States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …
Constitutional Principles, David B. Lyons
Constitutional Principles, David B. Lyons
Faculty Scholarship
Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind.
The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre
The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre
Between the Species
This article develops an ethical construct of “respectful use” to govern the conduct of humans toward animals. The scope of the terms “use” and “respectful” are developed. Some guidelines for the discernment of respectful use of animals are suggested. Then the status of animals within the legal system is briefly considered. Within the law, the socially defined key term is “unnecessary” rather than respectful. Finally, the newer legal standard of duty of care is shown to be approaching the ethical concept of respectful use.
A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning
A Philosophical Analysis Of Intellectual Property: In Defense Of Instrumentalism, Michael A. Kanning
USF Tampa Graduate Theses and Dissertations
This thesis argues in favor of an instrumental approach to Intellectual Property (IP). I begin by reviewing justifications for IP that have been offered in recent literature, including Lockean labor theory, Hegelian personality theory, Kantian property theory and utilitarianism. Upon a close and careful analysis, I argue that none of these justifications suffice to ground contemporary IP practice. I review some recent works that offer `pluralist' justifications for IP, which draw from multiple theories in order to account for the diverse field of IP-related laws and practices in existence. I argue that these pluralist theories are also insufficient, because there …
Knowledge, Wisdom, And Service: The Meaning And Teaching Of Professionalism In Medicine, Matthew K. Wynia
Knowledge, Wisdom, And Service: The Meaning And Teaching Of Professionalism In Medicine, Matthew K. Wynia
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University. Presented September 29, 2011.
Intuition And Feminist Constitutionalism, Suzanne B. Goldberg
Intuition And Feminist Constitutionalism, Suzanne B. Goldberg
Faculty Scholarship
In any constitutional system, we must ask, as a foundational inquiry, when and why a government may distinguish between groups of constituents for purposes of allocating benefits or imposing penalties. For feminists and others with a stake in challenging inequalities, the rationales that a society deems acceptable for justifying these classifications are centrally important. Heightened scrutiny jurisprudence for sex-based and other distinctions may help capture some of the rationales that rest on stereotypes and outmoded biases. However, at the end of the day, whatever level of scrutiny is applied, the critical question at any level of review is whether, according …
Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash
Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash
Catalyst: A Social Justice Forum
It is often said that justice requires us to treat like cases alike. Accordingly, the U.S. refugee resettlement program provides all refugees—no matter where they are from, no matter their pasts—with very similar funding and services. Refugees, however, are far from alike. In this essay, I invoke Borgmann’s distinction between a “thing” and a “device” and draw on stories from my work with a resettlement agency to argue that our current, employment-driven system is in need of reform. Instead of being restricted to generic programs, refugee resettlement agencies should be funded to help each family achieve social integration in ways …
The Impact Of Regulating Social Science Research With Biomedical Regulations, Brenda Braxton Durosinmi
The Impact Of Regulating Social Science Research With Biomedical Regulations, Brenda Braxton Durosinmi
UNLV Theses, Dissertations, Professional Papers, and Capstones
The Impact of Regulating Social Science Research with Biomedical Regulations Since 1974 Federal regulations have governed the use of human subjects in biomedical and social science research. The regulations are known as the Federal Policy for the Protection of Human Subjects, and often referred to as the "Common Rule" because 18 Federal agencies follow some form of the policy. The Common Rule defines basic policies for conducting biomedical and social science research. Almost from the inception of the Common Rule social scientists have expressed concerns of the policy's medical framework of regulations having its applicability also to human research in …
Cognitive Agendas And Legal Epistemology, Danny Marrero
Cognitive Agendas And Legal Epistemology, Danny Marrero
Graduate Theses and Dissertations
The domain of legal epistemology is defined from two alternative perspectives: individual epistemology and Social epistemology. Since these perspectives have different objects of evaluation, their judgments privilege and exclude different sets of information. While methodological individualism is concerned with justified beliefs of individual knowers, the Social angle focuses on the institutional conditions of knowledge. I will show that the information that is respectively excluded by both the individual and the Social concepts of legal epistemology weaken their respective evaluations. With this in mind, I will explore one new option of defining legal epistemology. This alternative is more comprehensive, in the …
Guantánamo Bodies: Law, Media, And Biopower, Cary H. Federman, Dave Holmes
Guantánamo Bodies: Law, Media, And Biopower, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …
Communication And The Pragmatic Condition, Gregory J. Shepherd
Communication And The Pragmatic Condition, Gregory J. Shepherd
Center for the Study of Ethics in Society Papers
Presented March 9, 2011
Assessing Law’S Claim To Authority, Bas Van Der Vossen
Assessing Law’S Claim To Authority, Bas Van Der Vossen
Philosophy Faculty Articles and Research
The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a …
The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard
The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.
Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach
Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010
Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer
Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.
Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society
Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University.
Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa
Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15,2010.
Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen
Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen
Festival of Communities: UG Symposium (Posters)
A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many …
Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11
Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11
Honor Scholar Theses
No abstract provided.
Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn …
Group Rights: A Defense, David Ingram
Group Rights: A Defense, David Ingram
Philosophy: Faculty Publications and Other Works
Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …