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Articles 1 - 5 of 5
Full-Text Articles in Law
Bioethics With A Human Face, Carl E. Schneider
Bioethics With A Human Face, Carl E. Schneider
Articles
This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …
Bioethics In The Language Of The Law, Carl E. Schneider
Bioethics In The Language Of The Law, Carl E. Schneider
Articles
What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …
Incommensurability And Valuation In Law, Cass R. Sunstein
Incommensurability And Valuation In Law, Cass R. Sunstein
Michigan Law Review
In this article I explore two claims and discuss their implications for law. The first claim is that human values are plural and diverse. By this I mean that we value things, events, and relationships in ways that are not reducible to some larger and more encompassing value. The second claim is that human goods are not commensurable. By this I mean that such goods are not assessed along a single metric. For reasons to be explored, the two claims, though related, are importantly different.
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Michigan Journal of International Law
Review of Law-Making in the International Community by G.M. Danilenko
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …