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Full-Text Articles in Law
Property As Entrance, Eduardo M. Peñalver
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
Cornell Law Faculty Publications
This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …
On Giving Legal Form Its Due. A Study In Legal Theory, Robert S. Summers
On Giving Legal Form Its Due. A Study In Legal Theory, Robert S. Summers
Cornell Law Faculty Publications
The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, …
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert C. Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert C. Hockett
Cornell Law Faculty Publications
No abstract provided.
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin
Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin
Cornell Law Faculty Publications
The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …