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Full-Text Articles in Law
Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar
Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar
West Virginia Law Review
No abstract provided.
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
West Virginia Law Review
The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella
West Virginia Law Review
No abstract provided.