Philosophy Commons^™

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.

Dispute Resolution And Legal Education: A Bibliography, Trevor C.W. Farrow

Cardozo Journal of Conflict Resolution

This selected bibliography is designed to act as a resource to assist in the ongoing, collaborative development of dispute resolution initiatives and programs in legal education and research in North America and abroad. Further, the particular focus of this bibliography, in addition to the teaching and research of dispute resolution generally, is the emphasis that law reform initiatives are putting on dispute resolution processes as potentially useful tools for increasing access to systems of civil justice around the common law world.

The Perverse Paradox Of Privacy, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The most recent effort of the Supreme Court of the United States to define the judicially created constitutional right to privacy has demonstrated once again why that contrived right poses such a pronounced threat to constitutional self-government. In writing for the majority in Lawrence v. Texas (2003) to overrule a case of only seventeen years' standing that allowed the states to prohibit homosexual sodomy, Justice Anthony Kennedy insisted that the idea of liberty in the Constitution's due process clauses is not limited to protecting individuals form "unwarranted governmental intrusions into a dwelling or other private places" but has "transcendent dimensions" …

The Myth Of Instrumental Rationality, Joseph Raz

Faculty Scholarship

My main aim is to explain the normative character of the phenomena that are commonly discussed when theoretical writers discuss instrumental rationality and instrumental reasons. The discussion will assume that there are forms of practical normativity, of practical reasons, which are not instrumental in nature. The question central to the inquiry is what, if any, normative difference does adopting or having an end make? For example, are there instrumental reasons and, if there are, how do they relate to having ends? Are instrumental reasons distinctive kinds of reasons, whose normativity differs in its underlying rationale from that of, say, moral …

Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's philosophical framework, emphasizing the transition from being and essence to the concept, where the concept represents self-determining being. Hegel's Logic is both a structure of thought and an ontology, illustrating how being evolves through stages such as becoming, quantity, and substance, culminating in the concept. The concept is not a static category but a dynamic, self-sustaining process that encompasses being and essence without being reducible to either. It is immanent in nature, challenging notions of a separate, higher reality.

The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald

Cardozo Public Law, Policy & Ethics Journal

The article explores the duality of power and powerlessness in Hegel's Subjective Logic, highlighting the tension between the Concept's absolute power and its susceptibility to powerlessness. Hegel portrays the Concept as an infinitely powerful force that unifies diversity through self-related negativity, yet acknowledges that reason can be powerless when fixated on determinate concepts, leading to one-sidedness. This duality suggests that while reason has the capacity for self-correction, it perpetually confronts the challenge of abstraction and determinateness.

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

History, Concepts, And Normativity In Hegel, Dario Perinetti

Cardozo Public Law, Policy & Ethics Journal

The article challenges the perception of Hegel's originality in linking history and logic, arguing that this connection was a common endeavor in the 18th century. It situates Hegel's work within a broader historical context, emphasizing that his contribution lies in his unique conceptual history, which describes how concepts acquire meaning through inferential relations rather than naturalistic or psychological processes. The analysis highlights Hegel's departure from Kant and others, asserting that his logic is both descriptive and normative, offering a non-referential theory of concepts that emphasizes their role in generating logical space.

The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo

Cardozo Public Law, Policy & Ethics Journal

The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.

Ways Of Being Singular: The Logic Of Individuality, Robert Berman

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's systematic logical account of individuality, arguing that it provides a foundational framework for understanding the concept through a set-theoretical interpretation. It identifies four conceptions of individuality—minimal, exclusivity, virtuosity, and novelty—and examines how Hegel's logic of individuality, as part of his broader philosophical system, offers a structured approach to reconciling these ideas. The article contends that the virtuosity model, which balances normative criteria with inclusivity, best aligns with Hegel's account, emphasizing the unity of universality and particularity in defining individuality.

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.

Cognition And Finite Spirit, John W. Burbidge

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon

William & Mary Law Review

Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and experimentation. This style is reflected in a variety of innovative responses to social problems, including drug courts, ecosystem management, and "new accountability" educational reform. The new understanding represents a significant challenge to an influential view of law among politically liberal lawyers over the past fifty years. That view, Legal Liberalism, …

Adr Ethics, Scott R. Peppet

Journal of Legal Education

No abstract provided.

Ethics And The 21st Century University, Judith Bailey

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University

Footnote Draft Of Render Copyright Unto Caesar - 2004, Wendy J. Gordon

Scholarship Chronologically

This essay, however, does not press any particular agenda; rather, it tries to make our thinking about the topic more flexible. It is my hope that some conduct-specific rule as was adopted in the defamation context will eventually be adopted for intellectual property. Copyright law cannot continue forever closing its eyes and hoping its house will stop being haunted.

The Song Sparrow And The Child: Claims Of Science And Humanity, Joseph Vining

Books

For centuries public claims on behalf of science have been made about our nature and the nature of the world as a whole. Over the twentieth century such claims on behalf of science have grown deeper and stronger. More and more they are total claims, cosmological in the largest sense, and they have evoked opposition equally deep and strong.

There is the scientist in all of us. There is, too, the lawyer and law in all of us, which we realize the moment we serve as a witness or citizen juror. This book explores what the legal mind and ear …

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Faculty Publications

No abstract provided.

Personal Practical Conflicts, Joseph Raz

Faculty Scholarship

This preliminary reflection about practical conflicts confronting single agents does little to solve the problems conflicts create. Rather, it attempts to explain what conflicts are and what questions they raise. I suggest that we have two distinct notions of single-agent conflicts reflecting two distinct theoretical questions. The first concerns the possibility of there being a right action in conflict situations. It is the question of whether and, if so, how reasons deriving from different concerns or affecting different people can be of comparable strengths. The second concerns a sense that there is something unfortunate about conflicts and that when facing …

The Immense Rumor, Peter Goodrich

Articles

The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …

Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon

Faculty Scholarship

This Essay suggests we bifurcate our thinking. Conventional copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Much recent scholarship contains dramatic suggestions to secure a freedom to be creative, rewrite, and be imaginative. My work has long sought to defend such freedoms, but I believe we understand imagination and its conditions too little to employ it as a starting point. I suggest instead that we acquire a better conceptual map of the generative process and …

Political Correctness Today, Joseph Ellin

Center for the Study of Ethics in Society Papers

Paper presented to the Center of the Study of Ethics in Society Western Michigan University, November 14th, 2003.

The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University, March 20, 2003.

United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor

International Bulletin of Political Psychology

This article presents a hypothesis of untoward consequences through the reification of human rights.

Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon

Scholarship Chronologically

This article makes a simple suggestion. Copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Copyright. When new artists make transformative use of existing works in settings not characterized by pre-use commercial negotiations, copyright should avoid imposing a distorting burden.

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

Scholarly Works

This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.

Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …

Deception In Morality And Law, Larry Alexander, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.