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Articles 1 - 13 of 13
Full-Text Articles in Law
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
Journal Articles
No abstract provided.
Justification And Excuse, Law And Morality, Mitchell N. Berman
Justification And Excuse, Law And Morality, Mitchell N. Berman
All Faculty Scholarship
Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs …
The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden
The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden
Cornell Law Faculty Publications
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Faculty Scholarship
No abstract provided.
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii
Scholarly Works
This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.
Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
All Faculty Scholarship
No abstract provided.
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Enron, Sarbanes-Oxley And Accounting: Rules Versus Principles Versus Rents, William W. Bratton
Enron, Sarbanes-Oxley And Accounting: Rules Versus Principles Versus Rents, William W. Bratton
All Faculty Scholarship
No abstract provided.
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
All Faculty Scholarship
In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …
Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum
Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …
Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper
Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper
Articles
The question I explore here, stated in its broadest form, is this: What is the connection between theory and practice between academic claims about how judges should decide cases and the actual behavior of judges as revealed in the opinions they write? More particularly, do theories about the nature of law have any implications for the question whether a judge should adopt an "activist" or a "restrained" approach to deciding cases? As you might infer from my title, I defend here what I call "the skeptical thesis" in answer to both the general and particular questions. Judges pay little or …