Law Commons^™

Harm, History, And Counterfactuals, Stephen R. Perry

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No abstract provided.

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

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Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

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Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale

Faculty Scholarship

Regenerative medicine seeks not only to cure disease, but also to arrest the aging process itself. So far, public attention to the new health care has focused on two of its methods: embryonic stem-cell research and therapeutic cloning. Since both processes manipulate embryos, they alarm those who believe life begins at conception. Such religious objections have dominated headlines on the topic, and were central to President George W. Bush's decision to restrict stem-cell research.

Although they are now politically potent, the present religious objections to regenerative medicine will soon become irrelevant. Scientists are fast developing new ways of culturing the …

Conjectures And Exhumations: Citations Of History, Philosophy And Sociology Of Science In Us Federal Courts, Gary Edmond, David Mercer

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article examines the circumstances in which a version of Sir Karl Popper's philosophy of science became US law. Among historians, philosophers and sociologists of science, as well as legal commentators, the US Supreme Court's Daubert v. Merrell Dow Pharmaceuticals, .Inc. (1993) decision has received considerable attention. The case is significant because America's most senior court produced a definition of science (for legal purposes). This definition was authorized by the symbolic exhumation, celebration and appropriation of key elements of the philosophy of science developed decades earlier by Popper. Significantly, it was not just Popper's philosophy that was exhumed and resurrected …

Method And Principle In Legal Theory, Stephen R. Perry

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Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

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Two Men On A Plank, Claire Oakes Finkelstein

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Can two individuals, each of whom needs a certain resource for his survival, have equal and conflicting rights to that resource? If so, is each entitled to try to exclude the other from its use? An old chestnut of moral and legal philosophy raises the problem. Following a shipwreck, two men converge simultaneously on a plank floating in the sea. There is no other plank available and no immediate hope of rescue. Unfortunately the plank can support only one; it sinks if two try to cling to it. Is it permissible for each to attempt to secure his own survival …

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

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Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

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While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …

New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon

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Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.

Writing And Reading In Philosophy, Law, And Poetry, James Boyd White

Book Chapters

In this paper I will treat a very general question, the nature of writing and what can be achieved by it, pursuing it in the three distinct contexts provided by philosophy, law, and poetry.

My starting-point will be Plato's Phaedrus, where, in a wellknown passage, Socrates attacks writing itself: he says that true philosophy requires the living engagement of mind with mind of a kind that writing cannot attain. Yet this is obviously a paradox, for Socrates' position is articulated and recorded by Plato in writing. How then can we make sense of what Plato is saying and doing? What …

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

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Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …

Lying To Protect Privacy, Anita L. Allen

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Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

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Hart's Methodological Positivism, Stephen R. Perry

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The Religious Lawyer In A Pluralist Society, Howard Lesnick

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Genetic Testing, Nature, And Trust, Anita L. Allen

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Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

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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.

Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales

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The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

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Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

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Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

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Unger's Philosophy: A Critical Legal Study, William Ewald

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Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.

Reply To Cornel West, William Ewald

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Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

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Xiii. Political Liberalism And Nationalism, 1815-1871, Robert L. Bloom, Basil L. Crapster, Harold A. Dunkelberger, Charles H. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart

Section XIII: Political Liberalism and Nationalism, 1815-1871

The first half of the nineteenth century saw the emergence of two secular faiths which became key features of Western thought: political liberalism and nationalism- Their tenets were not wTiblly ne^ As~early as the lourteenth century when medieval feudalism was giving way to the rising national state, Marsiglio of Padua (c. 1275 - c, 1343) had announced that political authority was properly lodged in the people. The seventeenth century had produced in John Locke (1632-1704) a man whose ideas on government later became a wellspring for political liberalism. The same era also found nationalism accentuated by colonial rivalries and mercantilist …

Book Review. Cairns, H., Legal Philosophy From Plato To Hegel, Jerome Hall

Articles by Maurer Faculty

No abstract provided.