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Mark C Modak-Truran

2008

Process Philosophy

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Full-Text Articles in Law

Prolegomena To A Process Theory Of Natural Law, Mark C. Modak-Truran Jan 2008

Prolegomena To A Process Theory Of Natural Law, Mark C. Modak-Truran

Mark C Modak-Truran

Two contemporary quandaries in legal theory provide an occasion for a revival of interest in natural law theories of law. First, the debate about legal indeterminacy has made it clear that law cannot function autonomously—as a self-contained set of rules—but requires a normative justification of judges’ decisions in hard cases. In addition, Steven D. Smith has persuasively argued that there is an "ontological gap" between the practice of law, which presupposes a classical or religious ontology, and legal theory, which presupposes a scientific ontology (i.e., scientific materialism) that rejects religious ontology. This article demonstrates how the process philosophy of Alfred …


A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran Jan 2008

A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran

Mark C Modak-Truran

The Rule of Law faces critical challenges both at home and abroad. At home, legal indeterminacy and the ontological gap between legal theory and practice defy resolution by contemporary normative theories of law. Legal indeterminacy raises the specter that judicial decisions in hard cases are illegitimate (political not legal) because judges must rely on personal political, moral, or religious beliefs. The “ontological gap” between the practice of law, which presupposes a classical or religious ontology, and legal theory, which presupposes a scientific ontology (i.e., scientific materialism), further reveals the irrelevance of legal theory (including conceptions of the rule of law) …