Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- American legal history (1)
- Antitrust (1)
- Autonomy (1)
- Classical legal thought (1)
- Concentration of power (1)
-
- Constitutional law & theory (1)
- Corporate law (1)
- Damages (1)
- Dworkin (1)
- Economic history (1)
- Enactment intentions (1)
- Equal protection (1)
- General obligation to obey the law (1)
- Hart (1)
- Holmes (1)
- Individual liberties (1)
- Labor law (1)
- Living constitutionalism (1)
- Non-partisan (1)
- Nonoriginalism (1)
- Normative power of the state (1)
- Philosophy of law (1)
- Popular (1)
- Positivism (1)
- Precedent (1)
- Presumed damages (1)
- Principles (1)
- Progressive legal thought (1)
- Prospectivity condition (1)
- Remedies (1)
Articles 1 - 4 of 4
Full-Text Articles in Other Philosophy
Autonomy, Gideon Parchomovsky, Alex Stein
Autonomy, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was rightfully hers — the choice as to how to go about her life.
Harms resulting from the right’s infringement and from the autonomy violation are often readily distinguishable, as is the case when someone uses the property of a rightholder without securing her permission or, worse, …
Our Principled Constitution, Mitchell N. Berman
Our Principled Constitution, Mitchell N. Berman
All Faculty Scholarship
Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.
Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …
Political Authority And Political Obligation, Stephen R. Perry
Political Authority And Political Obligation, Stephen R. Perry
All Faculty Scholarship
Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said to entail a general obligation to obey the law, and a general obligation to obey the law is said …