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Articles 931 - 960 of 1073

Full-Text Articles in Philosophy

An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky Sep 1994

An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky

San Diego Law Review

In 1986, the American Law Institute (ALI) published a report to analyze and appraise the state of the tort system and to recommend reform. This study lacked crucial aids that could make it more accessible: it was devoid of any index and the table of contents did not contain any subheadings. The authors of this Article created an index and a comprehensive table of contents, in order to make the report more "user friendly." This Article contains a brief description of the 1986 ALI Reporter's Study, followed by an expanded table of contents and an index.

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Deference, Tolerance, And Numbers: A Response To Professor Wright's View Of The Sentencing Commission, Kevin Cole Sep 1994

Deference, Tolerance, And Numbers: A Response To Professor Wright's View Of The Sentencing Commission, Kevin Cole

San Diego Law Review

The United States Sentencing Commission promulgates the Federal Sentencing Guidelines, which greatly constrain judicial discretion in choosing the sentence for federal crimes. One commentator, Professor Ronald Wright, has argued that the willingness of the courts and Congress to defer to a guideline promulgated by the Commission should depend on whether the Commission has justified the guideline by reference to empirical evidence. This Article explores the theoretical and practical difficulties of giving such effect to empirical justifications.

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The Economics Of Federalism And The Proper Scope Of The Federal Commerce Power, Jacques Leboeuf Sep 1994

The Economics Of Federalism And The Proper Scope Of The Federal Commerce Power, Jacques Leboeuf

San Diego Law Review

The study of the economics of federalism has emerged as a distinct field. While the insights of that study have been applied in understanding the logic behind the dormant commerce clause, they have not been used in analyzing the affirmative scope of the federal commerce power. The author suggests that the economics of federalism can provide both a justification for and a limitation upon the federal commerce power. Specifically, he suggests that the federal government ought to be able to regulate only those areas of commerce where state regulation would be inefficient due to externalities. Furthermore, he argues, this conception …

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Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger Sep 1994

Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

RISK: Health, Safety & Environment (1990-2002)

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]

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Radical Resisters, David B. Lyons Jul 1994

Radical Resisters, David B. Lyons

Faculty Scholarship

In the early 1840s Henry David Thoreau stopped paying the Massachusetts poll tax. When pressed for payment in 1846, he invited arrest and went to jail. He had wanted to protest his state's complicity in the federal government's support of chattel slavery and its policies towards Native Americans. By the time he delivered his lecture on civil disobedience, in 1848, events had produced another cause. Thoreau also condemned this country's expansionist war against Mexico.

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Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell Apr 1994

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

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Language And Materialism, Christina Crosby Mar 1994

Language And Materialism, Christina Crosby

Cardozo Law Review

A report issued by the United Nations recently predicted that "[i]t will take nearly 1,000 years for women to gain the same economic and political clout as men if current trends continue." Indeed, when one reflects on the wrongs done worldwide to women-the silent violence of exploitation and indifference, the pervasive violence of disgust and contempt, the brutal violence of murder and mutilationone wonders, first, whether even a millennium will bring "equal representation in 'the higher echelons of political and economic power,' and second, whether anything would really be changed if women one day come to exercise the same "clout" …

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Foundations Of The Duty To Rescue, Steven J. Heyman Feb 1994

Foundations Of The Duty To Rescue, Steven J. Heyman

All Faculty Scholarship

No abstract provided.

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Human Rights In The Social Sciences, Erika Loerner Friedi Feb 1994

Human Rights In The Social Sciences, Erika Loerner Friedi

Center for the Study of Ethics in Society Papers

This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.

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Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons Feb 1994

Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 9, 1993.

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Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr. Jan 1994

Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.

Department of Philosophy: Faculty Publications

It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the defect of …

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Can We Share Ethical Views With Other Religions?, Robert Hannaford Nov 1993

Can We Share Ethical Views With Other Religions?, Robert Hannaford

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 7, 1993.

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Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt Nov 1993

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.

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The Place Of Religious Argument In A Free And Democratic Society, Robert Audi Nov 1993

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …

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Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry Nov 1993

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …

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Constructing An Ideal Of Public Reason, Lawrence B. Solum Nov 1993

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.

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Liberalism, Religion And The Unity Of Epistemology, Larry Alexander Nov 1993

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …

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Chaos Theory And The Justice Paradox, Robert E. Scott Oct 1993

Chaos Theory And The Justice Paradox, Robert E. Scott

William & Mary Law Review

No abstract provided.

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Book Review, Cynthia Dash Sep 1993

Book Review, Cynthia Dash

RISK: Health, Safety & Environment (1990-2002)

Review of: DONALD C. LEE, TOWARD A SOUND WORLD ORDER: A MULTIDIMENSIONAL HIERARCHICAL ETHICAL THEORY. (Greenwood Press 1992). [240 pp.] Bibliography, index, notes, preface. LC: 91-440942; ISBN:0-313-27903-9. [Cloth $42.95. P.O. Box 5007, Westport CT 06881.]

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Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1993

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 16, No 3 Edition of the Pacific Studies Journal

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Why Does Utilitarianism Seem Plausible?, John Dilworth Sep 1993

Why Does Utilitarianism Seem Plausible?, John Dilworth

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 27, 1993.

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Vol. 16 No. 3 (1993): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1993

Vol. 16 No. 3 (1993): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

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Vol. 16 No. 3 (1993): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1993

Vol. 16 No. 3 (1993): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

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Contributors: Vol 16 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1993

Contributors: Vol 16 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 16 (1993): Pacific Studies Full Issue 1

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The Place Of Ethics Centers In Higher Education, Douglas Ferraro Aug 1993

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.

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Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny Jun 1993

Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1993.

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Reasonable Children, Michael Pritchard May 1993

Reasonable Children, Michael Pritchard

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 19, 1993.

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Judaism And Postmodernism, Suzanne Last Stone May 1993

Judaism And Postmodernism, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

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Truth And Consequences: The Force Of Blackmail's Central Case, Wendy J. Gordon May 1993

Truth And Consequences: The Force Of Blackmail's Central Case, Wendy J. Gordon

Faculty Scholarship

Blackmail commentary continues to proliferate. One purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of blackmail literature, and to supply the connecting links that will allow us to see how various normative theories converge in condemning central case blackmail. Admittedly, the law criminalizes more than my central case. But once we recognize that the central case is neither puzzling nor paradoxical, it may be easier to handle the border cases that arise.

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Blackmail: Deontology - 1993, Wendy J. Gordon Jan 1993

Blackmail: Deontology - 1993, Wendy J. Gordon

Scholarship Chronologically

The basic logic of my deontologic approach is this.

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