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Law and Philosophy

2021

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Full-Text Articles in Law

Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz Dec 2021

Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


How Should The Law Adjust To The Rittenhouse Verdict?, Bruce Ledewitz Dec 2021

How Should The Law Adjust To The Rittenhouse Verdict?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Stop Calling Kyle Rittenhouse A Hero. He Killed Two Unarmed People, Bruce Ledewitz Dec 2021

Stop Calling Kyle Rittenhouse A Hero. He Killed Two Unarmed People, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Temptation Of Cosmic Private Law Theory, Nathan B. Oman Dec 2021

The Temptation Of Cosmic Private Law Theory, Nathan B. Oman

Faculty Publications

It’s a heady time to be a theorist of private law. After decades of vague post-Realist functionalism or reductive economic theories, the latest generation of private law theorists have provided a proliferation of new philosophies of tort, contract, and property. The result has been a tremendous burst of intellectual creativity. While Kant and Hegel have been dragooned into debates over torts and contracts and even such supposedly wooly headed thinkers as Coke and Blackstone have been rehabilitated, there have been fewer efforts to generate natural law accounts of private law than one might expect, particularly in light of the revival …


Maybe Deficits Do Matter After All, Bruce Ledewitz Nov 2021

Maybe Deficits Do Matter After All, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


No, This Isn’T Facebook’S ‘Big Tobacco’ Moment, Bruce Ledewitz Nov 2021

No, This Isn’T Facebook’S ‘Big Tobacco’ Moment, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


November 1, 2021: The Migration Of New Content To Bruceledewitz.Com, Bruce Ledewitz Nov 2021

November 1, 2021: The Migration Of New Content To Bruceledewitz.Com, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Migration of New Content to bruceledewitz.com“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Here's What's At Stake In Texas Abortion Case Before U.S. Supreme Court, Bruce Ledewitz Nov 2021

Here's What's At Stake In Texas Abortion Case Before U.S. Supreme Court, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


October 13, 2021: The Case For Joe Biden, Bruce Ledewitz Oct 2021

October 13, 2021: The Case For Joe Biden, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Case for Joe Biden“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


No, Joe Biden And The Dems Are Not Collapsing, Bruce Ledewitz Oct 2021

No, Joe Biden And The Dems Are Not Collapsing, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


October 8, 2021: Tune In To The Grimes Lecture I Delivered Yesterday At Bethany College, Bruce Ledewitz Oct 2021

October 8, 2021: Tune In To The Grimes Lecture I Delivered Yesterday At Bethany College, Bruce Ledewitz

Hallowed Secularism

Blog post, “Tune in to the Grimes Lecture I Delivered Yesterday at Bethany College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 3, 2021: A Response To My Column Criticizing The National Vote Compact--What Ledewitz Missed, Bruce Ledewitz Oct 2021

October 3, 2021: A Response To My Column Criticizing The National Vote Compact--What Ledewitz Missed, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Response to My Column Criticizing the National Vote Compact--What Ledewitz Missed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson Oct 2021

Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson

Articles & Chapters

Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …


Addressing The Harms Of Pornography, Gillian Allison Oct 2021

Addressing The Harms Of Pornography, Gillian Allison

Honors Theses

Within this paper I look at the existing philosophical work on pornography, from scholars like Catherine MacKinnon, Ronald Dworkin, and Rae Langton to show the current state of the pornography debate that I intend to enter by presenting my own argument about the morality of pornography. I argue that while pornography is harmful, these harms are best resolved through increased sexual education and the popularization and production of more inclusive pornography. The harms pornography causes are so great because pornography is where a lot of people learn about sex. Pornography was never designed to depict an average sexual experience. If …


What Is "United" About The United States?, Gary S. Lawson Oct 2021

What Is "United" About The United States?, Gary S. Lawson

Faculty Scholarship

Jack Balkin’s The Cycles of Constitutional Time aims, among other things, to preserve and promote what Jack regards as “democracy and republicanism,” understood as “a joint enterprise by citizens and their representatives to pursue and promote the public good.” My question is whether and how this normative project is possible in a world full of perceptions of social, political, and moral phenomena akin to the white dress/blue dress internet controversy of 2015. Even if Madison had the better of Montesquieu in 1788 (and that is questionable), the United States has grown dramatically since the founding era, in a patchwork, and …


The 2021 Race For Pa. Supreme Court: The Questions The Candidates Have To Answer, Bruce Ledewitz Sep 2021

The 2021 Race For Pa. Supreme Court: The Questions The Candidates Have To Answer, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


September 28, 2021: The Pennsylvania Supreme Court Race--I Don't Trust The Democrats And I Am Afraid Of The Republicans, Bruce Ledewitz Sep 2021

September 28, 2021: The Pennsylvania Supreme Court Race--I Don't Trust The Democrats And I Am Afraid Of The Republicans, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Pennsylvania Supreme Court Race--I don't trust the Democrats and I am afraid of the Republicans“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Proportionality, Constraint, And Culpability, Mitchell N. Berman Sep 2021

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …


Blameworthiness, Desert, And Luck, Mitchell N. Berman Sep 2021

Blameworthiness, Desert, And Luck, Mitchell N. Berman

All Faculty Scholarship

Philosophers disagree about whether outcome luck can affect an agent’s “moral responsibility.” Focusing on responsibility’s “negative side,” some maintain, and others deny, that an action’s results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor’s blameworthiness and negative desert are equally affected—or unaffected—by an action’s results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that serve distinct normative functions: blameworthiness serves a liability function (removing a bar to otherwise impermissible treatments), whereas desert serves …


September 20, 2021: Two Recent Columns--The Texas Anti-Abortion Statute And Justice Wecht And The Death Of God, Bruce Ledewitz Sep 2021

September 20, 2021: Two Recent Columns--The Texas Anti-Abortion Statute And Justice Wecht And The Death Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Recent Columns--the Texas Anti-Abortion statute and Justice Wecht and the Death of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 2, 2021: The Steal In The National Popular Vote Interstate Compact, Bruce Ledewitz Sep 2021

September 2, 2021: The Steal In The National Popular Vote Interstate Compact, Bruce Ledewitz

Hallowed Secularism

Blog post, “The steal in the National Popular Vote Interstate Compact“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 16, 2021: Forgiveness, Bruce Ledewitz Sep 2021

September 16, 2021: Forgiveness, Bruce Ledewitz

Hallowed Secularism

Blog post, “Forgiveness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?, Bruce Ledewitz Sep 2021

Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


I Am Resigning From The Pro-Life Movement, Bruce Ledewitz Sep 2021

I Am Resigning From The Pro-Life Movement, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


September 11, 2021: Twenty Years Later, 9/11 Is Finally Over, Bruce Ledewitz Sep 2021

September 11, 2021: Twenty Years Later, 9/11 Is Finally Over, Bruce Ledewitz

Hallowed Secularism

Blog post, “Twenty Years Later, 9/11 is finally over“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 10, 2021: Secular Repentence, Bruce Ledewitz Sep 2021

September 10, 2021: Secular Repentence, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secular Repentence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Steal In The National Popular Vote Interstate Compact, Explained, Bruce Ledewitz Sep 2021

The Steal In The National Popular Vote Interstate Compact, Explained, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


August 20, 2021: Defend Mo Brooks; Don't Prosecute Donald Trump--This Week's Column In The Pa Capital-Star, Bruce Ledewitz Aug 2021

August 20, 2021: Defend Mo Brooks; Don't Prosecute Donald Trump--This Week's Column In The Pa Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Defend Mo Brooks; Don't Prosecute Donald Trump--this week's column in the Pa Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Doj’S Refusal To Defend Mo Brooks Was Wrong; Prosecuting Trump Would Be Worse, Bruce Ledewitz Aug 2021

Doj’S Refusal To Defend Mo Brooks Was Wrong; Prosecuting Trump Would Be Worse, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


August 15, 2021: What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz Aug 2021

August 15, 2021: What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Has Gone Wrong and What Can We Do About It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.