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- Michigan Law Review (11)
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Articles 31 - 34 of 34
Full-Text Articles in Law
The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen
The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen
Michigan Law Review
I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Michigan Law Review
A Review of Equality and Preferential Treatment: A Philosophy & Public Affairs Reader edited by Marshall Cohen, Thomas Nagel, and Thomas Scanlon
Principles, Positivism, And Legal Theory, David B. Lyons
Principles, Positivism, And Legal Theory, David B. Lyons
Faculty Scholarship
A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
Michigan Law Review
International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.