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Articles 1 - 17 of 17
Full-Text Articles in Law
The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz
The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz
Reviews
Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we learn that disparate phenomena are linked together. In physics, for example, the theory of thermodynamics showed us the relationship between mechanics and heat. In economics, the theory of the firm showed us that, across industries that look nothing alike, a simple principle helps explain the organization of economic activity. Of course, there is no guarantee that the disparate phenomena we suspect are linked actually are. Particle physicists continue to search for a Grand Unified Theory, which …
Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos
Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos
Reviews
In American antidiscrimination theory, two positions have competed for primacy. One, anticlassification, sees the proper goal of antidiscrimination law as being essentially individualistic. The problem with discrimination, in this view, is that it classifies individuals on the basis of an irrelevant or arbitrary characteristic—and that it, as a result, denies them opportunities for which they are otherwise individually qualified. The other position, antisubordination, sees the proper goal of antidiscrimination law as being more group oriented. The problem with discrimination, in this view, is that it helps constitute a social system in which particular groups are systematically subject to disadvantage and …
Cute Prickly Critter With Presbyopia, Don Herzog
Cute Prickly Critter With Presbyopia, Don Herzog
Reviews
Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …
Chicago, Post-Chicago, And Neo-Chicago, Daniel A. Crane
Chicago, Post-Chicago, And Neo-Chicago, Daniel A. Crane
Reviews
Of all of Chicago's law and economics conquests, antitrust was the most complete and resounding victory. Chicago, of course, is a synecdoche for ideological currents that swept through and from Hyde Park beginning in the 1950s and reached their peak in the 1970s and 1980s. From early roots in antitrust and economic regulation, the Chicago School branched outward, first to adjacent fields like securities regulation, corporate law, property, and contracts, and eventually to more distant horizons like sexuality and family law. Predictably, the Chicago School exerted its greatest influence in fields closely tied to commercial regulation. But never did Chicago …
"Dragonslaying." Review Of Democracy Defended, By G. Mackie, Donald J. Herzog
"Dragonslaying." Review Of Democracy Defended, By G. Mackie, Donald J. Herzog
Reviews
Early in the Iliad, the Achaians convene an assembly. There are a lot of them and they're unruly, too. "[Tihe place of their assembly was shaken, and the earth groaned / as the people took their positions and there was tumult. Nine heralds / shouting set about putting them in order, to make them cease their / clamour and listen to the kings beloved of Zeus."' Clutching the scepter that has come to him ultimately from Zeus, the very symbol of his right to speak and be heard, Agamemnon bitterly proposes that the Achaians give up. Nine years of struggle …
"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog
Reviews
Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …
Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog
Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog
Reviews
In this elegantly written, provocative, and sometimes just plain provoking book, punctuated by bits of anguish and rather more pique, Richard Ellis worries that the American Left has been so passionate about equality that it has run roughshod over liberty. So put, the thesis is not exactly news. It has been the recurrent lament of conservative indictments- Tocqueville's is the canonical statement, but he has plenty of precursors and followers. And it has its scholarly variations, too, such as Arthur Lipow, Authoritarian Socialism in America: Edward Bellamy and the Nationalist Movement (1982). No profound surprises are on offer here.
Private Order And Public Institutions, Ellen D. Katz
Private Order And Public Institutions, Ellen D. Katz
Reviews
In Private Order Under Dysfunctional Public Order, John McMilan and Christopher Woodruff describe the private institutions that order commercial transactions in developing economies where commercial actors view the formal legal regime as unreliable. Presenting evidence from surveys of market participants in several Eastern European countries and in Vietnam, McMillan and Woodruff depict a system of private order that requires formal organization and the creation of institutions to share information and coordinate multiparty responses. These institutions do not simply offer a viable alternative to public procedures, but also enable commercial transactions to occur where the vacuum in public order would otherwise …
Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog
Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog
Reviews
Michael Rosen brings intoxicating erudition and an elegant if elusive prose style to crack—or pulverize—one of the most venerable chestnuts of social theory, the theory of ideology. For Rosen, the two central elements of that theory are (1) that societies are self-maintaining systems and (2) that they produce false consciousness in their members precisely because it helps to maintain society. And for Rosen, the theory is, well, a spectacular mess. Despite the efforts of such analytical Marxists as G. A. Cohen, he urges, no such view can be reconstructed in ways that begin to comport with our ordinary standards for …
Assessing Evidence, Richard D. Friedman
Assessing Evidence, Richard D. Friedman
Reviews
David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …
Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog
Review Of The Idea Of A Liberal Theory: A Critique And Reconstruction, Donald J. Herzog
Reviews
The flood of literature sometimes derisively referred to as the Rawls/Nozick industry shows no signs of slowing. David Johnston enters the lists to champion an unabashedly cosmopolitan view-humanist liberalism-that focuses on promoting human agency for any and all people in any and all societies. He concedes that he has in place only a rudimentary sketch.
Review Of Willful Liberalism: Voluntarism And Individuality In Political Theory And Practice, Donald J. Herzog
Review Of Willful Liberalism: Voluntarism And Individuality In Political Theory And Practice, Donald J. Herzog
Reviews
This is an elegant and studied little volume, rather more difficult than it lets on. Flathman wants to argue that liberals are sorely in need of a more robust understanding of the will and individuality than they now possess, that they (or we) should be enthusiastically embracing what might seem to be some tendentious commitments about the partial but inescapable opacity of other selves. He does so by working through a large number of texts and authors-some only contentiously called liberal (Hobbes); others not conceivably liberal (William of Ockham, Augustine, Nietzsche); and still others not obviously interested in anything narrowly …
Whose Loyalties?, Christina B. Whitman
Whose Loyalties?, Christina B. Whitman
Reviews
It is disconcerting to open a book subtitled An Essay on the Morality of Relationships and find that the two case studies that most interest the author are reciting the Pledge of Allegiance in public schools and the criminalization of flag burning. Although George Fletcher begins to make his case for giving moral priority to loyalties by referring to the impulse to save one's mother from a burning house (p. 12), he is more concerned with the ties that bind individuals to groups than with the ethics of relationships between individuals. The loyalties to which Fletcher would give "moral importance" …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …
Legal Theory And The Problem Of Definition, Philip E. Soper
Legal Theory And The Problem Of Definition, Philip E. Soper
Reviews
Natural Law and Natural Rights is a refreshingly direct book about some decidedly difficult matters. It is also a book that refuses to do homage to the complexity of its subject by limiting the topics covered. Here is virtually a mini-treatise in moral philosophy, with illuminating discussions on the whole range of human value and on a good part of the related range of metaethics, legal theory, political theory, and the problems of methodology in the descriptive social sciences.
Review Of Social Justice In The Liberal State, Donald H. Regan
Review Of Social Justice In The Liberal State, Donald H. Regan
Reviews
Bruce Ackerman's goal, in Social Justice in the Liberal State, is to provide a new foundation for liberal political theory. Ackerman is dissatisfied with both utilitarian and contractarian defenses of liberal political institutions. Indeed, he writes most persuasively when he is criticizing utilitarians and contractarians, though his criticisms are largely familiar.
Review Of The Legal Needs Of The Public, , Richard Lempert
Review Of The Legal Needs Of The Public, , Richard Lempert
Reviews
Both the title, The Legal, Needs of the Public, and the subtitle, The Final, Report of a National, Survey, of this volume are, quite fortunately, inapt. The report does not seek to quantify the legal needs of the public or to determine whether "needs" are being "met," and we are told by both Barbara Curran in her preface and Spencer Kimball in his foreword that this "final report" signifies the beginning and not the end of data analysis. This study (which I shall call the ABF study) is a joint undertaking of the American Bar Association Special Committee to Survey …