Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (15)
- Philosophy (10)
- Social and Behavioral Sciences (7)
- Law and Philosophy (6)
- Civil Rights and Discrimination (5)
-
- Education (4)
- International Law (4)
- Politics and Social Change (4)
- Sociology (4)
- Communication (3)
- Constitutional Law (3)
- Critical and Cultural Studies (3)
- Ethics and Political Philosophy (3)
- Jurisprudence (3)
- Law and Politics (3)
- Law and Society (3)
- Legal History (3)
- Political Science (3)
- Political Theory (3)
- Religion (3)
- Business (2)
- Civic and Community Engagement (2)
- Comparative Politics (2)
- History (2)
- Human Rights Law (2)
- Inequality and Stratification (2)
- Intellectual Property Law (2)
- International and Area Studies (2)
- International and Comparative Education (2)
- Publication Year
- Publication
-
- Michael S. Green (6)
- Carroy U "Cuf" Ferguson, Ph.D. (3)
- Barry Sullivan (1)
- Daniel A Farber (1)
- David Randall Jenkins, Ph.D. (1)
-
- Donald L. Beschle (1)
- Ira P. Robbins (1)
- Juan Carlos Riofrío Martínez-Villalba (1)
- Michael L Rich (1)
- Nathan B. Oman (1)
- Nathan M. Nobis, PhD (1)
- Nick J. Sciullo (1)
- Paulo Ferreira da Cunha (1)
- Randy D. Gordon (1)
- Robert Justin Lipkin (1)
- Srividhya Ragavan (1)
- Stephen E Henderson (1)
- Suzanna Sherry (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Real Legal Realism, Michael S. Green
International Law And Dworkin's Legal Monism, Michael S. Green
International Law And Dworkin's Legal Monism, Michael S. Green
Michael S. Green
No abstract provided.
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Michael S. Green
No abstract provided.
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Michael S. Green
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
Copyrighting Facts, Michael S. Green
"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx
"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx
Carroy U "Cuf" Ferguson, Ph.D.
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Randy D. Gordon
Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Srividhya Ragavan
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Donald L. Beschle
No abstract provided.
Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis
Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis
Nathan M. Nobis, PhD
Carl Cohen’s arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one’s peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations …
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Michael S. Green
No abstract provided.
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Stephen E Henderson
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …
"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan
"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan
Barry Sullivan
No abstract provided.
¿Puede La Fe Aportar Algo Al Derecho? La Respuesta De La Teología Jurídica, Juan Carlos Riofrío Martínez-Villalba
¿Puede La Fe Aportar Algo Al Derecho? La Respuesta De La Teología Jurídica, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El artículo analiza la posibilidad de que la fe aporte contenidos a la ciencia del Derecho y al ordenamiento jurídico. La perspectiva no es histórica, sino jurídica y teológica. Consta de tres partes: (i) el planteamiento del problema del aporte de la fe; (ii) la delimitación de la teología jurídica, que es la ciencia llamada a resolver el problema; y, (iii) la respuesta al problema. En el fondo el análisis procura mostrar cómo la fe puede ser “fuente de derecho”. Termina señalando el alcance y los límites de esta fuente en el derecho sobre las cosas naturales y sobrenaturales.
Zizek/Questions/Failing, Nick J. Sciullo
Zizek/Questions/Failing, Nick J. Sciullo
Nick J. Sciullo
In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.
While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …
Filosofia Antropológica?, Paulo Ferreira Da Cunha
Filosofia Antropológica?, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.
Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich
Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich
Michael L Rich
Without informants, policing would grind to a halt. The majority of drug and organized crime prosecutions hinge on the assistance of confidential informants, and white collar prosecutions and anti-terrorism investigations increasingly depend on them. Yet society by and large hates informants. The epithets used to describe them – “snitch,” “rat,” and “weasel,” among others – suggest the reason: the informant, by assisting the police, is guilty of betrayal. And betrayal is, in the words of George Fletcher, “one of the basic sins of our civilization.” But identifying disloyalty as the reason for society’s disdain raises more questions than it answers. …
September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins
September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins
David Randall Jenkins, Ph.D.
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …
A Primary Human Challenge, Carroy U. Ferguson
A Primary Human Challenge, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.
Hare's Theory Of Rational Assent, Robert Lipkin
Hare's Theory Of Rational Assent, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins
Ira P. Robbins