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Articles 991 - 1020 of 1073

Full-Text Articles in Philosophy

Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon Aug 1990

Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon

Scholarship Chronologically

The Supreme Court in several recent cases has flirted with the notion that labor gives one an entitlement to ownership: a legal right to bar others from the fruits of that labor or to extract payment from them if they use the fruits without permission. Sometimes articulated in terms of "natural rights," and sometimes in terms of "fairness," this notion is at apparent odds with contract law's insistence that the only "fruits of labor" one is obligated to pay for are those one has agreed in advance to buy.


Higher-Order Discrimination, Adrian M. S. Piper Jul 1990

Higher-Order Discrimination, Adrian M. S. Piper

Center for the Study of Ethics in Society Papers

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


From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell Jul 1990

From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander Jul 1990

Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander

Cardozo Law Review

No abstract provided.


On The Critical Tribunal, Stephen Watson Jul 1990

On The Critical Tribunal, Stephen Watson

Cardozo Law Review

No abstract provided.


Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller Jul 1990

Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller

Cardozo Law Review

No abstract provided.


Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon May 1990

Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon

Scholarship Chronologically

For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zcharia Chaffee Jr. and Judge Learned Hand brought a wealth of learning and a broad perspective to copyright.


Draft Of New Versus Old Authors - 1990, Wendy J. Gordon May 1990

Draft Of New Versus Old Authors - 1990, Wendy J. Gordon

Scholarship Chronologically

Virtually all the issues canvassed above embody the tension that exists in seeking to honor the interests of two generations of creators. For example, the essay has discussed the need for new adaptive artists to have a copyright in their own productions and the dangers that the "subconscious copying rule" poses to new creators, particularly in an age of ubiquitous media.


Symposium Draft For Tragic Choices In Everyday Life - 1990, Wendy J. Gordon Apr 1990

Symposium Draft For Tragic Choices In Everyday Life - 1990, Wendy J. Gordon

Scholarship Chronologically

In the age of high technology, ordinary life situations often demand tragic choices: kidney dialysis, new pesticides, and even simple legal contracts can pose excruciating choices for people from all walks of life and inescapable dangers for innocent victims. This human dilemma-facing a world in which some innocents will die- is paralleled by the central Christian mythos of a willing crucifixion. Law and myth help us clarify the human situation.


Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber Apr 1990

Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber

Center for the Study of Ethics in Society Papers

Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.


Ethical Reasoning And Analysis: The Elements, Martin Benjamin Feb 1990

Ethical Reasoning And Analysis: The Elements, Martin Benjamin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.


Professor Brudner's Crisis, Ernest J. Weinrib Feb 1990

Professor Brudner's Crisis, Ernest J. Weinrib

Cardozo Law Review

No abstract provided.


Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner Feb 1990

Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner

Cardozo Law Review

No abstract provided.


With What Must Ethics Begin? Reflections On Benson's Account Of Property And Contract, Richard Dien Winfield Feb 1990

With What Must Ethics Begin? Reflections On Benson's Account Of Property And Contract, Richard Dien Winfield

Cardozo Law Review

No abstract provided.


Reflections On Identity, Diversity And Morality, Deborah W. Post Jan 1990

Reflections On Identity, Diversity And Morality, Deborah W. Post

Scholarly Works

The author reflects over events in her life that helped her define herself and her ethical identity, a black woman teacher.


Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack Jan 1990

Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack

Articles

No abstract provided.


Natural Law Without Metaphysics: The Case Of John Finnis, Jeremy Shearmur Jan 1990

Natural Law Without Metaphysics: The Case Of John Finnis, Jeremy Shearmur

Cleveland State Law Review

Finnis, in Natural Law and Natural Right, sidesteps certain problems by taking a largely internalist view of natural law. First, for Finnis there is no problem of moving from facts to values, because within his starting-point-the "internal" reflective analysis of action-values are already there to be found. Second, Finnis suggests that what is today often cited as "the" statement of a fact/value problem, Hume's analysis, is in fact better understood as directed towards a different problem: one of the relation between truth and motivation. Here Finnis also offers a solution, suggesting that "one is motivated according to one's understanding of …


A Critical Legal Studies Perspective, Mark Tushnet Jan 1990

A Critical Legal Studies Perspective, Mark Tushnet

Cleveland State Law Review

In this comment I want to address two points suggested by Professor Finnis's essay "Natural Law and Legal Reasoning." I say "suggested by" deliberately, for I do not want to attribute the points in their full force to him, although I believe that his essay lends itself to a reading in which those points would be given their full force. The points deal with the question of "easy questions" and what Professor Finnis calls the "sufficient and necessarily artificial clarity and definiteness" that yields answers to such questions, and with the way in which legal professionals are likely to understand …


Whose Nature - Practical Reason And Patriarchy, Lynne Henderson Jan 1990

Whose Nature - Practical Reason And Patriarchy, Lynne Henderson

Cleveland State Law Review

My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …


The Virtues Of Redundancy In Legal Thought, Randy E. Barnett Jan 1990

The Virtues Of Redundancy In Legal Thought, Randy E. Barnett

Cleveland State Law Review

Redundancy has a bad reputation among legal intellectuals. My interest in the virtues of redundancy grows out of my interest in the social function of the liberal conception of justice and the rule of law. In this essay, I propose that legal theorists pay serious attention to the concept of redundancy used by engineers. I explain how redundancy-in this special sense-is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. I will describe the virtues of redundancy in legal thought. I want to explain why it is useful to rely on …


Justification In The Killing Of An Innocent Person, John Makdisi Jan 1990

Justification In The Killing Of An Innocent Person, John Makdisi

Cleveland State Law Review

It is appropriate to call Finnis' approach to life as an incommensurable basic human good a natural law approach. It suggests that there is more to life than just an accumulation of wealth, happiness, value, etc. There is something about life that we cannot value, that we cannot measure, that we cannot fathom, that is mysterious. While contract and even some tort law are readily adaptable to arguments of economic efficiency, there are areas where such arguments do not belong. Specifically, where the end result cannot be measured because the values at stake are incommensurable, there may be no best …


Morality Versus Slogans, Bernard Gert Dec 1989

Morality Versus Slogans, Bernard Gert

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, April 1, 1988.


Surrogate Parenting Legislation In Michigan: Background And Review, Lucille S. Taylor Oct 1989

Surrogate Parenting Legislation In Michigan: Background And Review, Lucille S. Taylor

Center for the Study of Ethics in Society Papers

This essay originated in symposium presentations made to the WMU Center for the Study of Ethics in Society, January 20, 1989.


Surrogate Parenting And Fundamental Rights, Paul J. Denenfeld Oct 1989

Surrogate Parenting And Fundamental Rights, Paul J. Denenfeld

Center for the Study of Ethics in Society Papers

This essaya originated in symposium presentations made to the WMU Center for the Study of Ethics in Society, January 20, 1989.


Surrogate Parenting: The Michigan Legislation, Lucille Taylor, Paul Denenfeld Oct 1989

Surrogate Parenting: The Michigan Legislation, Lucille Taylor, Paul Denenfeld

Center for the Study of Ethics in Society Papers

Surrogate Parenting: The Michigan Legislation essays by: Lucille Taylor Paul Denenfeld. These essays originated in symposium presentations made to the WMU Center for the Study of Ethics in Society, January 20, 1989. Lucille Taylor is Majority Counsel, Michigan State Senate Paul Denenfeld is Legal Director, ACLU Fund of Michigan


Should I (Legally) Be My Brother's Keeper?, Gilbert Geis May 1989

Should I (Legally) Be My Brother's Keeper?, Gilbert Geis

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 27, 1987.


Hegel And Employment At Will: A Comment, Richard A. Posner Apr 1989

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.


Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell Apr 1989

Lucinde's Shame: Hegel, Sensuous Woman, And The Law, David Farrell Krell

Cardozo Law Review

No abstract provided.


Persons, Hegel, And The Law: A Comment On Bernasconi, Michael A. Simon Apr 1989

Persons, Hegel, And The Law: A Comment On Bernasconi, Michael A. Simon

Cardozo Law Review

No abstract provided.


Hegel: A User's Manual, Richard Hyland Apr 1989

Hegel: A User's Manual, Richard Hyland

Cardozo Law Review

No abstract provided.