Philosophy Commons^™

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

Scholarship Chronologically

DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …

Peirce And Logicism: Notes Towards An Exposition, Susan Haack

Articles

No abstract provided.

Philosophy/Philosophy, An Untenable Dualism, Susan Haack

Articles

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

Arguing For Economic Equality, John Baker

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - Febuary 10, 1992.

Aals Speech, Wendy J. Gordon

Scholarship Chronologically

Marshall has also said I can speak as long as I want, so scream when you've had enough.

Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon

Scholarship Chronologically

Of those persons who favor laws against blackmail, many take that position because of the moral nastiness of the blackmailing act ("pay me or I'll tell ...") These commentators are sometimes blind to where the self-interest of the so-called victim lies, for the victim often prefers paying for silence to having his secrets revealed. Much of the sophisticated literature on blackmail focuses on this gap in vision. Blackmail is called paradoxical because (among other things) it is a crime that a victim would often rather suffer than have discovered and prosecuted.

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.

National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, January 31, 1992.

Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1992.

The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton

Center for the Study of Ethics in Society Papers

The purpose of WMU's Center for the Study of Ethics is to encourage and support research, teaching, and service to the university and community in areas of applied and professional ethics. These areas include, but are not restricted to: business, education, engineering, government, health and human services, law, media, medicine, science, and technology.

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner

Cardozo Law Review

No abstract provided.

Law, Morality, And Autopoiesis In Niklas Luhmann: Comment On Drucilla Cornell’S Time, Deconstruction, And The Challenge To Legal Positivism: The Call For Judicial Responsibility, Charles Larmore

Cardozo Law Review

No abstract provided.

Interaction, Indeterminacy, Normativity: Comments On Gumbrecht, Yablon, And Cornell, Thomas Mccarthy

Cardozo Law Review

No abstract provided.

The Law As A Medium Of Communication, Richard Münch

Cardozo Law Review

No abstract provided.

Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon

Scholarship Chronologically

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "It's a fact that this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …

The Myth Of Retributive Justice, Brian Slattery

Articles & Book Chapters

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …

Love And Power: The Rule Of Religion And Morality In American Politics, Gerard V. Bradley

Journal Articles

Perry, Michael J. Love and Power: The Rule of Religion and Morality in American Politics. New York: Oxford University Press, 1991. viii + 218 pp. $29.95

The author's introduces this sequel to his Morality, Politics, and Law as an extended gloss on John Noonan's statement that the "central problem of the legal enterprise is the relation of love to power." The renown of its author ensures that Love and Power will become a focal point in legal academic discussion of its central concern: the proper relation between morality, particularly religious morality, political choice, and public deliberation "in a morally …

Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Punishment And Violence, Alan Brudner

Cardozo Law Review

No abstract provided.

Law And Right, William J. Richardson

Cardozo Law Review

No abstract provided.

Owning And Controlling Technical Information, Vivian Weil

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, April 5, 1990.

Virtue And The Health Professions, Janet Pisaneschi

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, February 8, 1991.

The Breath Of Life In The Law, David E. Van Zandt

Cardozo Law Review

No abstract provided.

A Thousand Points Of Ambiguity, Bruce Berner

Law Faculty Publications

No abstract provided.

An Atheological Apologetic, Joyce A. Lazier '91

Honors Projects

In his article, "Atheological Apologetics," Scott Shalkowski argues that there is no reason to believe that the theist necessarily has the burden of proof in the debate of God's existence. The strength of his argument lies in his assumptions about facts, knowledge, and justification, positive and negative existence claims, and the relevance of context in a debate. First, Shalkowski argues against Anthony Flew who states in his book, The Presumption of Atheism, that general features about knowledge claims "entail the theist (who is the affirmative side of the debate) to first, introduce and defend his proposed concept of God; and, …

Television Technology And Moral Literacy, Clifford G. Christians

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.

Rethinking "Original Intent", David B. Lyons

Faculty Scholarship

Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.