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Articles 1 - 30 of 121
Full-Text Articles in Law
Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend
Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend
St. John's Law Review
(Excerpt)
Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new landscape in which a liberal consensus simply cannot be assumed. From the left, socialist and identity-based critiques of liberalism have called into question core liberal assumptions regarding procedural justice, the division between public and private realms, and the rights of individuals. From the right, an increasingly vocal group of conservatives is questioning classical liberalism’s commitment to limited government, a free market, and individual rights in favor of a vision of political community …
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
FIU Law Review
No abstract provided.
Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood
Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood
Touro Law Review
Liberal political theory has long relied on a metaphor of contract: autonomous adults coming together to agree, by unanimous consent, on the basic structure of a just society. But contract is a strange metaphor with which to explain society. Contract law is based on a morality of strangers acting at arms-length. In contrast, decent societies and the governments they set for themselves must be based on a commitment of mutual responsibility. What makes us fellow citizens—fellows of any variety—is accepting that we are all in this together. Jewish legal and midrashic traditions can be a useful corrective to the atomistic …
From The Crisis Of Critique To The Critique Of Crisis, Ben Golder
From The Crisis Of Critique To The Critique Of Crisis, Ben Golder
University of Colorado Law Review
No abstract provided.
Modernity And The Law: A Late Twentieth Century View, Robert P. Burns
Modernity And The Law: A Late Twentieth Century View, Robert P. Burns
Notre Dame Journal of International & Comparative Law
This Article explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in postliberal societies. It compares his views with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Maine Law Review
Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of the male …
The Liberal Case Against The Modern Class Action, Martin H. Redish
The Liberal Case Against The Modern Class Action, Martin H. Redish
Vanderbilt Law Review
Those who classify themselves as liberal generally favor widespread use of class actions as a means of policing corporate misbehavior and protecting the individual worker or consumer against capitalist excesses. In this Essay, however, I take the counterintuitive position that while class action practice could conceivably be modified in ways that make it far more acceptable than it currently is, liberal political theory should be very skeptical of the modern class action device as it currently exists. Defining the foundation of liberal thought as a process-based belief in accountable democratic government and respect for the right of individuals to protect …
The Unreasonableness Of Catholic Integralism, Micah Schwartzman, Jocelyn Wilson
The Unreasonableness Of Catholic Integralism, Micah Schwartzman, Jocelyn Wilson
San Diego Law Review
In this symposium contribution, we argue that Catholic integralism is unreasonable. Our conception of reasonableness is defined in terms of substantive moral and epistemic commitments to respecting the freedom and equality of citizens who hold a wide—but not unlimited—range of religious, ethical, and philosophical conceptions of the good. In arguing that Catholic integralism conflicts with this understanding of reasonableness, it might seem that we are begging the question against integralists. But our purpose here is not to engage integralists on their own terms. So far, the debate about integralism has been conducted mostly among Catholics and Christian conservatives. Our critique …
Corporate Lessons For Public Governance: The Origins And Activities Of The National Budget Committee, 1919–1923, Jesse Tarbert
Corporate Lessons For Public Governance: The Origins And Activities Of The National Budget Committee, 1919–1923, Jesse Tarbert
Seattle University Law Review
There is a peculiar disconnect between the way specialists view the 1920s and the way the decade is understood by non-specialists and the general public. Casual observers tend to view the 1920s as a conservative or reactionary interlude between the watershed reform periods of the Progressive Era and New Deal. Although many scholars have abandoned the traditional view of the 1920s, their work has not yet penetrated the generalizations of non-specialists. Even readers familiar with specialist accounts portraying the New Era as the age of “corporate liberalism” or the “Associative State” tend to view these concepts as just another way …
Three Theses On The Current Crisis Of International Liberalism, David S. Grewal
Three Theses On The Current Crisis Of International Liberalism, David S. Grewal
Indiana Journal of Global Legal Studies
This essay advances three theses on the current crisis of international liberalism. First, it is a composite one, comprising interrelated crises of domestic political representation and of global governance affecting the international and supranational arrangements that were constructed in the post-war period. Second, the crisis is a specific development of neoliberal governance, which requires distinguishing international liberalism's two historical variants: "embedded liberalism" and "neoliberalism." The turn from the post-war regime of "embedded liberalism" to the "neoliberalism" of recent decades has had the effect of undoing the domestic social contracts that underlay post-war political stability even while failing to secure peace …
Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean
Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean
Dalhousie Law Journal
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy's Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardyproposes an alternative model ofenvironmental law premised on the logic of ecosystems and free markets. Pardy's Ecolawgic suffers, however from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy …
Unparadoxical Liberalism, Andrew Koppelman
Unparadoxical Liberalism, Andrew Koppelman
San Diego Law Review
Larry Alexander argues that liberalism is internally incoherent because it contains a paradox: it is committed to toleration, but if it tolerates illiberal ideas and practices it betrays itself. The paradox does not exist. Liberalism aims to tolerate as much diversity as it can consistent with the preservation of the liberal project. It has distinctive reasons to tolerate illiberal ideas, since it aims to be adopted by the citizenry consciously and with a full understanding of the alternatives. How much diversity can, in practice, be tolerated is a contingent question dependent on the facts of any particular time and place. …
Why Liberal Tolerance, Rightly Understood, Is Coherent And Defensible, William A. Galston
Why Liberal Tolerance, Rightly Understood, Is Coherent And Defensible, William A. Galston
San Diego Law Review
One of the most familiar criticisms of liberal democracy is that it cannot defend itself against its enemies while remaining true to its principles. This criticism is odd as well as unjust because theorists regarded as arch-liberals offer compelling reasons to reject it. . .
A Transcendental Argument For Liberalism, Samuel C. Rickless
A Transcendental Argument For Liberalism, Samuel C. Rickless
San Diego Law Review
Liberalism is the view that the state should not, except on mutually justifiable grounds, coerce a society’s citizens to adopt, support, or follow some particular comprehensive conception of the good. So understood, a liberal state, by definition, permits each citizen a zone of freedom delimited by her own understanding of the ingredients of a happy life. Liberalism, as a normative theory governing state–citizen (and, indirectly, citizen–citizen) relations, is opposed by various forms of totalitarianism, including theocracy and communism. A theocratic state is one that imposes a particular religious form of life on its citizens, and thereby restricts their freedom to …
Alexander On Koppelman On Alexander, Larry Alexander
Alexander On Koppelman On Alexander, Larry Alexander
San Diego Law Review
In my book Is There a Right of Freedom of Expression?, I argued that liberalism, to the extent it is defined by a commitment to freedom of illiberal speech, illiberal religions, and illiberal associations, is at its core paradoxical. For, I argued, if liberalism is the correct political philosophy, it must regard illiberal thought and its manifestations in action and policy as fundamentally mistaken. And these mistaken illiberal views cannot be deemed by the liberal to have value as views, except perhaps for whatever instructive value they might have in getting people to see the truth of liberalism. When such …
Liberalism And Tolerance, William Voegeli
Liberalism And Tolerance, William Voegeli
San Diego Law Review
I began by raising the possibility that tolerance is minor issue, having no bearing on whether liberalism works out or makes sense. I conclude by noting that it is a central question, for liberalism and politics in general. Tolerance is important because intolerance is important. “Anything Goes” is one of Cole Porter’s best songs, but is unlikely to become any country’s national anthem. The questions of what doesn’t go, and why, and how to prevent it from going any further, explain a great deal about the political ideologies of our era, as well as the premises on which social orders …
Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam
Georgia Journal of International & Comparative Law
No abstract provided.
A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher
A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher
Fordham International Law Journal
If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don’t we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional justice has emerged as the dominant normative framework for how the international community responds to mass violence. Liberalism strongly influences transitional justice, which has produced individual criminal accountability as the desired form of legal accountability for atrocities. Transitional justice rejects …
Liberalism’S Fine Print: Boilerplate’S Allusion To Human Nature, Kenneth K. Ching
Liberalism’S Fine Print: Boilerplate’S Allusion To Human Nature, Kenneth K. Ching
Marquette Law Review
None
The Liberal As An Enemy Of Queer Justice, Craig Schamel
The Liberal As An Enemy Of Queer Justice, Craig Schamel
Catalyst: A Social Justice Forum
Abstract
Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …
The Legal Form Of Liberalism: A Study Of Riparian And Nuisance Law In Nineteenth Century Ohio, E. P. Krauss
The Legal Form Of Liberalism: A Study Of Riparian And Nuisance Law In Nineteenth Century Ohio, E. P. Krauss
Akron Law Review
This essay tests the foregoing interpretation by examining the nineteenth century Ohio decisions in the fields of riparian and nuisance law. This data, as shall be shown, tends to confirm the conclusions of earlier scholarship. In the third and fourth parts of this essay two decisions, one from the very beginning of the period under study," and one from near the end, will be considered. These two decisions help identify the developmental context within which judicial law-making passed from a creative to an elaborative phase by illustrating judicial attitudes toward protecting the public interest in 1831 and again in 1892.
Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii
Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Pepperdine Law Review
The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Chicago-Kent Law Review
The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …
Theism, Naturalism, And Liberalism: John Stuart Mill And The “Final Inexplicability” Of The Self, John Lawrence Hill
Theism, Naturalism, And Liberalism: John Stuart Mill And The “Final Inexplicability” Of The Self, John Lawrence Hill
Pepperdine Law Review
No abstract provided.
The Moral Patient, The Honorable Fiduciary, And A Faltering Liberalism: An Exploration Of Professor Bryant's Call To Animal Respect, Iris J. Goodwin
The Moral Patient, The Honorable Fiduciary, And A Faltering Liberalism: An Exploration Of Professor Bryant's Call To Animal Respect, Iris J. Goodwin
Between the Species
Professor Bryant’s article – which seeks to discover whether aspects of an anticruelty statute can be based directly on a call to virtuous conduct – is a provocative piece of scholarship that harbors a much larger question: Can a general principle mandating full respect for animals be developed out of the moral methodology inhering in virtue ethics? Insights garnered in this rejoinder are meant to stand alongside those in Professor Bryant’s article to lend deep moral grounding to animal-respect as well as provide intimations of the way virtue ethics as a moral methodology might yield determinate answers to moral questions. …
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
Barry Law Review
This article seeks to apply Rogers Smith’s Multiple Traditions thesis to the United States Supreme Court’s treatment of the Fourteenth Amendment to uncover the influences behind its major civil rights decisions. It will argue that liberalism dominates at the Court after mostly, but not completely, shedding its illiberal tendencies. This article will argue that the Court’s focus on intent over impact and its “color-blind” approach to racial classifications in the era of subterranean prejudice and indifference or ignorance to inequality solidifies and perpetuates the hierarchies created by ascriptive forms of Americanism under the Court’s liberal notions. This article will also …
Climate Change: Government, Private Property, And Individual Action, Paul Babie
Climate Change: Government, Private Property, And Individual Action, Paul Babie
Sustainable Development Law & Policy
No abstract provided.
"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway
"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway
Indiana Journal of Global Legal Studies
The circulation and intersection of supranational rights, discourses, and practices with local struggles have contributed to victories, disappointments, and in many instances, new articulations and understandings of rights for local people. In Botswana, the everincreasing interaction of minority groups with international institutions, laws and conventions, nongovernmental groups (NGOs), and the Botswana courts has created a dialectic that continues to reshape vernacular rights discourses. The state has also been a party in this evolving dialectic and has found new means of intervening in the process. The Botswana state prides itself on its liberal practices and has received international acclaim as a …
A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar
ILSA Journal of International & Comparative Law
This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)