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Articles 1 - 6 of 6
Full-Text Articles in Law
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.
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Michael S. Green
No abstract provided.
Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner
Table Annexed To Article: ‘Theory’ And ‘Science’ In The ‘Abstract’ In The Federalist Papers, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL directs attention to the logics and feasibilities anterior to the crafting of constitutional text. The Federalist Papers is thoroughly committed to exploring these logics – spatial, discrete and predicate – insofar as the format (two thousand word articles in newspapers, offering comment on issues-of-the-day, especially ratification of the proposed Philadelphia constitution) will permit. The ninety-three ‘hits’ on ‘science,’ ‘logic,’ ‘math-,’ ‘abstract,’ ‘theory,’ and so forth receive due attention.
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari E. Waldman
Exceptions: The Criminal Law's Illogical Approach To Hiv-Related Aggravated Assaults, Ari E. Waldman
Ari E Waldman
This article identifies logical and due process errors in cases involving HIV-related aggravated assaults, which usually involve an HIV-positive individual having unprotected sex without disclosing his or her HIV status. While this behavior should not be encouraged, this paper suggests that punishing this conduct through a charge of aggravated assault – which requires a showing that the defendant’s actions were a means likely to cause grievous bodily harm or death – is fraught with fallacies in reasoning and runs afoul of due process. Specifically, some courts use the rule of thumb that HIV can possibly be transmitted through bodily fluids …
Logic For Law Students: How To Think Like A Lawyer, Stephen Clowney
Logic For Law Students: How To Think Like A Lawyer, Stephen Clowney
Stephen Clowney