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Full-Text Articles in Law

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter Jun 2021

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter

Law Faculty Research Publications

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …


Does Justice Have A Syntax?, Steven L. Winter Jun 2021

Does Justice Have A Syntax?, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund Jan 2021

Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Confrontation In The Age Of Plea Bargaining [Comments], William Ortman Jan 2021

Confrontation In The Age Of Plea Bargaining [Comments], William Ortman

Law Faculty Research Publications

No abstract provided.


Objective Punishment, Anthony M. Dillof Jan 2021

Objective Punishment, Anthony M. Dillof

Law Faculty Research Publications

Should the punishment fit the criminal as well as the crime? The article argues that idiosyncratic features of the criminal that might affect subjective punishment experience should not be considered when assessing the severity of the punishment for proportionality purposes.