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Faculty Articles

2007

Emily Hartigan

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Full-Text Articles in Law

Pilgrim To Nowhere - The Mysterious Journey Of Robert Rodes, Emily A. Hartigan Jan 2007

Pilgrim To Nowhere - The Mysterious Journey Of Robert Rodes, Emily A. Hartigan

Faculty Articles

Notre Dame Law Professor Robert Rodes advocates for Pilgrim Law, which is based on the preferential option for the poor. Pilgrim Law is the jurisprudential manifestation of liberation theology. Rodes used Milovan Djilas, author of anti-socialist works such as Conversations with Stalin and The New Class, for insight. Drawing from Djilas, Rodes concludes that class will always count, but count in a nuanced way. This revelation was discovered within Djilas’ self-aware and trenchant analysis amid the reality of the theoretically “classless” societies of Soviet (and Yugoslav) socialism. This empirical insight is what Rodes finds crucial to his Pilgrim Law advocacy. …


Unlaw, Emily A. Hartigan Jan 2007

Unlaw, Emily A. Hartigan

Faculty Articles

The United States is in a time of “unlaw” that is both a point in circular time, the time of eternal return, and a point never before reached. This “unlaw” infuses both the practical, applied, and experiential world of politics. Additionally, this era of “unlaw” also incorporates the intellectual world of philosophy and theology as well as political theory.

In this state of non-law, the United States incarcerates a higher percentage of people than any other developed nation. The United States claims to value money so much that it is speech, and thus free under the First Amendment. This results …