Philosophy Commons^™

Affirmative Action: A Contradiction Of Theory And Practice, Kimberly Hellmers

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

University Policy, Affirmative Action, And The Principles Of Justice, Eric Wampler

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

Political Correctness Revisited, Jan Narveson

Center for the Study of Ethics in Society Papers

Presented February 19th , 1998 for the Center for the Study of Ethics in Society

Cloning People: A Jewish Law Analysis Of The Issues, Michael J. Broyde

Faculty Articles

This Article is an attempt to create a preliminary and tentative analysis of the technology of cloning from a Jewish law perspective. Like all preliminary analyses, it is designed not to advance a rule that represents itself as definitive normative Jewish law, but rather an attempt to outline some of the issues in the hope that others will focus on the problems and analysis found in this Article and will sharpen or correct that analysis. Such is the way that Jewish law seeks truth.

In the case of cloning-as with all advances in reproductive technology- the Jewish tradition is betwixt …

A Populist Critique Of Direct Democracy, Sherman J. Clark

Articles

It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …

Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the moral philosophy, the psychology of moral judgment, and treatises on law often suggest that justice subsumes some combination of behavioral and intentional accountability and equity.

The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon

Center for the Study of Ethics in Society Papers

Presented September 19, 1996 for the Center for the Study of Ethics in Society

Privacy And Information Technology, Judith Wagner Decew

Center for the Study of Ethics in Society Papers

Presented March 17, 1997 for the Center for the Study of Ethics in Society

The World Bank’S Role In Controlling Corruption, Georgetown University Law Center

Philip A. Hart Memorial Lecture

In 1997, Professor of Law and Political Science, Susan Rose-Ackerman of Yale University, delivered the Georgetown Law Center’s seventeenth Annual Philip A. Hart Memorial Lecture: "The World Bank’s Role in Controlling Corruption."

Susan Rose-Ackerman is Henry R. Luce Professor of Law and Political Science, Yale University, and Co-director of the Law School’s Center for Law, Economics, and Public Policy. She holds a Ph.D. in economics from Yale University and has held fellowships from the Guggenheim Foundation and the Fullbright Commission. She was a visiting Research Fellow at the World Bank in 1995-96 where she did research on corruption and economic …

Moral Theory And Moral Life, Michael Pritchard

Center for the Study of Ethics in Society Papers

This paper was originally presented as The Distinguished Scholar Award Lecture, January 25, 1996.

Clark Memorandum: Fall 1996, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• A Brief Tribute to Dean H. Reese Hansen
• Reenter the Realm of Feelings (Elder Dallin H. Oaks)
• Perception versus Reality (Frederick Mark Geddicks)
• The Charter Class Looks Back (Jonathan Brett Kalstrom)
• Making a Difference (Norman H. Jackson)

Our Publication Series, Joseph Ellin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

The Place Of Ethics Centers In Higher Education, Douglas Ferraro

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

The First Ten Years, Michael Pritchard

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

Ethics At The End Of The Century: A Mosaic Form Genesis To Genetics, David H. Smith

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

The Ethics Center: Tenth Anniversary, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

A Thracian Charm And Socratic Teaching: The Politics Of Education, Arlene W. Saxonhouse

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, May, 1996. Dr. Saxonhouse's lecture was sponsored by the Institute for the Study of Politics and Government and was part of the Sam Clark Lectures. We extend our appreciation to the Institute and its director, James Butterfield.

Habermas And The Postal Rule, Peter Goodrich

Cardozo Law Review

It seems somewhat churlish at the end of so much discussion, at the terminus of the circulation of so extensive a commentary and critical appraisal of a single text, to offer further doubts, to intimate certain additional, and worse, extraneous criticisms of Jurgen's contribution to jurisprudence. Nonetheless, there is a tangible theme of misunderstanding, noncomprehension, and failed communication that has accompanied the debate in this conference and can act as the proximate emblem of the following intervention. This essay will simply suggest that there is little in Habermas's study of legal discourse and of the conditions under which the rule …

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas’S Proceduralist Paradigm Of Law, Michel Rosenfeld

Cardozo Law Review

There are different images or paradigms of law which correspond to different conceptions of justice and different sources of legitimacy. Moreover, in the context of complex, pluralistic contemporary societies, the relationship between law, justice, and legitimacy has become acutely problematic as competing conceptions of the good cast legal relationships as relationships among strangers, and as justice according to law seems irretrievably split from justice against or beyond law. In the face of these difficulties, one could simply abandon the quest for justice beyond law and settle for a combination of democracy and legal positivism which would reduce political legitimacy to …

Habermas And The Counterfactual Imagination, Michael K. Power

Cardozo Law Review

The epistemological problem of critical theories is easy to state but hard to resolve. On the one hand, if the theories are too descriptive and draw their conceptual resources from the ideas and institutions which currently exist, they lose their critical force. While they may provide elaborate reconstructions of the structure of social practices, they remain internal to these practices, part of a field of knowledge in which, at worst, theory is merely a form of public relations. On the other hand, if they articulate forms of critique that are entirely external to the systems of knowledge and practice that …

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

Law And Philosophy: Some Consequences For The Law Deriving From The Sociological Reconstruction Of Philosophical Theory, Mark Gould

Cardozo Law Review

Jurgen Habermas wants to provide a (quasi) transcendental grounding for democracy. He believes that the constituent attribute of Homo Sapiens is ordinary speech and that embedded in speech is a set of "validity claims" that are redeemable-asymptotically-only in an ideal speech situation. This ideal serves as a regulative fiction for our everyday world of social institutions. While it may not actually be present in institutional form, it serves as a ground for the normative critique of the actual social world in which we live.

Civility In America, Brian Schrag

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 5, 1995.

Race, Family, And Obligation, Rodney C. Roberts

Center for the Study of Ethics in Society Papers

The Martin Luther King Jr. Day Lecture Presented to the WMU Center for the Study of Ethics in Society, January 16, 1995.

Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon

Scholarship Chronologically

Eventually, I hope to produce an article or book called "Reading the Mind of the Private Law." In this project I hope to do three connected things: to simplify the underlying patterns of the common law and associated statutes to make them more comprehensible to newcomers; to provide a more accurately descriptive and more normatively attractive' story' than Posner's notion of value-maximization; and to make sophisticated lawyers' understanding of legal patterns more complete by including an explicit focus on benefits. (Traditional jurisprudence focuses more on harms than on benefits; even the practitioners of economic analysis, which technically speaking should be …

Two Papers On Environmentalism Ii: Resources And Environmental Policy, Jan Narveson

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethlcs in Society - November 21, 1994.

Two Papers On Environmentalism - I: Environmental Ethics And Value In The World, John Post

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - November 14, 1994.

Michigan's Deadlocked Commission On Death And Dying: A Lesson In Politics And Legalism, Joseph Ellin

Center for the Study of Ethics in Society Papers

Based on a presentation made to the WMU Center for the Study of Ethics in Society - September 21, 1994.

The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht

Faculty Articles

This article compares the legal rules and jurisprudence of the American common law and Jewish law in the area of finding and returning lost or abandoned property, illustrating the interplay between the purely legal and ethical components of the respective legal systems. Surprisingly enough, the differences between the two systems are not usually significant; they follow the same basic legal principles, and typically lead to the same results. There are, however, two major exceptions: Jewish law imposes a duty to rescue the lost property of one's neighbor, while the common law does not require that one initiate the process by …

True Blue? Whether Police Should Be Allowed To Use Trickery And Deception To Extract Confessions, Laure Hoffman Roppe

San Diego Law Review

This Comment addresses whether or not, and if so, to what extent, police should be allowed to use trickery and deception to extract confessions from criminal suspects. It surveys the deceitful interrogation tactics included in the term "trickery" and summarizes the psychology of confessions. Major developments in the law regarding coerced confessions are analyzed and the author explores the policy arguments for and against the use of deception in police interrogations. The author recommends the prohibition of specific forms of trickery and offers an analytical approach as to whether a confession is admissible.