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Articles 991 - 1020 of 1079
Full-Text Articles in Philosophy
Virtue And The Health Professions, Janet Pisaneschi
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
The Breath Of Life In The Law, David E. Van Zandt
Cardozo Law Review
No abstract provided.
A Thousand Points Of Ambiguity, Bruce Berner
A Thousand Points Of Ambiguity, Bruce Berner
Law Faculty Publications
No abstract provided.
An Atheological Apologetic, Joyce A. Lazier '91
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
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
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 But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished.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.
Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon
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
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.
On The Critical Tribunal, Stephen Watson
From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell
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
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander
Cardozo Law Review
No abstract provided.
Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller
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
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
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
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
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
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.
With What Must Ethics Begin? Reflections On Benson's Account Of Property And Contract, Richard Dien Winfield
With What Must Ethics Begin? Reflections On Benson's Account Of Property And Contract, Richard Dien Winfield
Cardozo Law Review
No abstract provided.
Professor Brudner's Crisis, Ernest J. Weinrib
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
Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner
Cardozo Law Review
No abstract provided.
Justification In The Killing Of An Innocent Person, John Makdisi
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 …
Natural Law Without Metaphysics: The Case Of John Finnis, Jeremy Shearmur
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
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
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
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 …
Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack
Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack
Articles
No abstract provided.
Reflections On Identity, Diversity And Morality, Deborah W. Post
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.
Morality Versus Slogans, Bernard Gert
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
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
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.