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Full-Text Articles in Law

From The Acting Editor In Chief, Conrad C. Crane Mar 2023

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Spring 2023 issue of Parameters. This issue consists of an In Focus special commentary and the SRAD Director’s Corner focused on Afghanistan, three forums, and two Reviews and Replies.


The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee Apr 2020

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

St. Mary's Law Journal

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …


Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2019

Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green Jun 2013

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Michael S. Green

No abstract provided.


Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner May 2012

Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL directs attention to the logics and feasibilities anterior to the crafting of constitutional text. The Federalist Papers is thoroughly committed to exploring these logics – spatial, discrete and predicate – insofar as the format (two thousand word articles in newspapers, offering comment on issues-of-the-day, especially ratification of the proposed Philadelphia constitution) will permit. The ninety-three ‘hits’ on ‘science,’ ‘logic,’ ‘math-,’ ‘abstract,’ ‘theory,’ and so forth receive due attention.


Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green Jan 2004

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Faculty Publications

No abstract provided.


Slavery Rhetoric And The Abortion Debate, Debora Threedy Jan 1994

Slavery Rhetoric And The Abortion Debate, Debora Threedy

Michigan Journal of Gender & Law

There are many things that could be, and have been, said about the question of abortion. This article focuses on the rhetoric of the abortion debate. Specifically, I discuss how both sides of the abortion debate have appropriated the image of the slave and used that image as a rhetorical tool, a metaphor, in making legal arguments. Further, I examine the effectiveness of this metaphor as a rhetorical tool. Finally, I question the purposes behind this appropriation, and whether it reflects a lack of sensitivity to the racial content of the appropriated image.


Peirce And Logicism: Notes Towards An Exposition, Susan Haack Jan 1993

Peirce And Logicism: Notes Towards An Exposition, Susan Haack

Articles

No abstract provided.


Logic And Coercion In Bentham's Theory Of Law, David B. Lyons Feb 1972

Logic And Coercion In Bentham's Theory Of Law, David B. Lyons

Faculty Scholarship

Unlike conventional moral standards and other social rules, laws can be deliberately laid down and changed by specified procedures. It therefore seems reasonable to think of laws as issuing from or adopted by lawmakers who are ordinary human beings. Since laws tell us what must or must not be done, and since there is some temptation to understand all laws on the same pattern, it is natural to think of them as either commands or prohibitions. This is indeed a traditional view.