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Full-Text Articles in Law
May 6, 2015: Iconic Picture Of Burning Silliman Hall, Bruce Ledewitz
May 6, 2015: Iconic Picture Of Burning Silliman Hall, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Iconic Picture of Burning Silliman Hall“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Sanctions Crowd Want War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The End Of Jurisprudence, Scott Hershovitz
The End Of Jurisprudence, Scott Hershovitz
Articles
For more than forty years, jurisprudence has been dominated by the HartDworkin debate. The debate starts from the premise that our legal practices generate rights and obligations that are distinctively legal, and the question at issue is how the content of these rights and obligations is determined. Positivists say that their content is determined ultimately or exclusively by social facts. Anti-positivists say that moral facts must play a part in determining their content. In this Essay, I argue that the debate rests on a mistake. Our legal practices do not generate rights and obligations that are distinctively legal. At best, …
An Addendum In Light Of Recent Developments, Bruce Ledewitz
An Addendum In Light Of Recent Developments, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield
Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield
Articles
It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …